Benchnotes Nov 2014
Journal Issue:
Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions
A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.
Court:
On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds
Deadlines for direct appeal to the circuit are procedural, not jurisdictional.
Court:
Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds
Fee issues are collateral, not affecting a final ruling on the merits.
Court:
‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.
Court:
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says
First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.
Court:
Ninth Circuit Extends Barton to Protect Creditors’ Committee Members
Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.
Court: