Why Venue Matters in Chapter 11 Cases
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Venue/Jurisdiction
Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
A Pennsylvania Gambling License Isn’t ‘Property’ Recoverable as a Fraudulent Transfer
Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.
Divided Fifth Circuit Again Permits Third-Party Injunctions in Stanford Receivership
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
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Third Circuit Finds Constitutional Power to Grant Releases in Confirmation Orders
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.
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District Court Upholds Constitutionality of San Juan Debt Adjustment Under PROMESA
The city of San Juan unsuccessfully argued that the PROMESA Oversight Board has no fiscal control over municipalities in Puerto Rico.
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Receivership Court May (Sometimes) Bar the Filing of an Involuntary Bankruptcy
Court weighs the relative advantages of receivership versus bankruptcy in deciding whether to bar the filing of an involuntary bankruptcy.
A Fugitive’s Civil Bankruptcy Appeal Can Be Dismissed, Sometimes
The ‘fugitive disentitlement doctrine’ does not allow a federal court to dismiss an appeal because of a fugitive’s contempt of a state court order, the First Circuit rules.
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Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
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