Venue/Jurisdiction

Suit by Foreign Liquidators Was Remanded to State Court

Delaware district judge permits remand when the suit was subject to mandatory abstention.

Ninth Circuit Creates a Legal Fiction to Uphold Recovery of an Unauthorized Transfer

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
Court: 

Bankruptcy Court Still Has Power to Enter Final Judgments by Default after Wellness

Failure to respond to a well-pleaded complaint implies consent for the bankruptcy court to enter final judgment in an avoidance action, Judge Glenn rules.

Bankruptcy Court Had ‘Core’ Jurisdiction over Third-Party Dispute, Third Circuit Says

The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.
Court: 

U.S. Receivership Court Had No Jurisdiction over Foreign Liquidators

District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.

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.

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