Judges’ Roundtable: Selected Current Topics
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Venue/Jurisdiction
Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
Court:
Creditors of LPs or LLCs Can’t Sue for Breach of Fiduciary Duty
Creditors lack standing in Delaware and other states for derivative liability suits against officers and managers of LPs and LLCs.
Court:
Appellate Jurisdiction Doesn’t Terminate on Dismissal of the Underlying Bankruptcy
New Orleans district judge finds discretion in Fifth and Ninth Circuit authority for jurisdiction over an appeal after dismissal of the underlying bankruptcy case.
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
Court:
Courts Divided on Venue for Small-Dollar Avoidance Actions
Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.
Court:
Changes in Latitude, Changes in Attitude
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Benchnotes May 2019
Journal Issue:
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