The district court’s order refusing to stay the sale is not final, as it did not end any bankruptcy proceedings, and it is not immediately appealable because it does not implicate a substantial...
The Fifth Circuit affirmed the district court and bankruptcy court. The bankruptcy court had jurisdiction to decide the state-law issues underlying the administrative expense claim. The...
A debtor with a claim against a creditor may not be deprived of the opportunity to litigate the claim merely because the debtor initiated its litigation in bankruptcy court and subsequently...
Judge(s):
Barron, Chief Judge, Thompson and Gelpí, Circuit Judges
Joining the Second and Third Circuits, the Ninth Circuit held that if an individual files a voluntary chapter 11 bankruptcy petition purportedly on behalf of an entity but lacks the requisite...
Judge(s):
John B. Owens, Lawrence VanDyke, and Holly A. Thomas
The U.S. Court of Appeals for the Fifth Circuit held that bankruptcy professionals are entitled to derivative judicial immunity when they act pursuant to and in accordance with a bankruptcy court's...
Ninth Circuit Court of Appeals dismissed the case for lack of jurisdiction under 28 U.S.C. §§ 1291, 1292, and 158(d)(1) finding that the order was not final because it did not "end the litigation...
Bankruptcy courts may provide Barton approval after debtors have already initiated cases in other forums. Orders allowing debtors to sue others in different forums pursuant to Barton do not...
Judge(s):
Kim McLane Wardlaw, Anthony D. Johnstone, and Scott H. Rash
The Fifth Circuit affirmed the district court's order. The Fifth Circuit held: (1) the bankruptcy court had proper related to jurisdiction since the contested tax liens in the state court action...
The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
The bankruptcy court misconstrued its post-confirmation jurisdiction. Such jurisdiction exists only where disputes relate to a bankruptcy plan’s execution or implementation. The post-confirmation...
