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Venue/Jurisdiction

‘Close Nexus’ Test Doesn’t Apply to Liquidating Trusts After Confirmation

‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
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Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says

Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
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‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says

Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
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Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds

Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.

Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants

Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
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Delaware District Court Doesn’t Want 2,400 Johnson & Johnson Talcum Powder Suits

The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
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