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    Supreme Court: bankruptcy courts cannot decide debtors’ state law counterclaims
    2011-06-30

    In a decision that may have significant practical implications to the practice of bankruptcy law, the U.S. Supreme Court recently declared, on constitutional grounds, that a bankruptcy court cannot exercise jurisdiction over a debtor’s state law counterclaims, thus considerably limiting the ability of the bankruptcy court to fully and finally adjudicate claims in a bankruptcy case. Stern v. Marshall, No. 10-179 (June 23, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Debtor, Tortious interference, Defamation, Exclusive jurisdiction, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Mintz
    Wrong place, wrong time: beware the statute of limitations!
    2015-02-17

    “And it’s too late, baby now, it’s too late,Though we really did try to make it.”

    - Carole King, It’s Too Late

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statute of limitations, Exclusive jurisdiction
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Eleventh Circuit upholds a bankruptcy court’s exclusive jurisdiction to enforce its own Chapter 11 discharge injunctions
    2012-06-13

    On May 30, 2012, the United States Court of Appeals for the Eleventh Circuit held that a bankruptcy court in one federal district lacks jurisdiction to determine whether a debt was discharged under a chapter 11 plan confirmation order issued by a bankruptcy court in another federal district.  Alderwoods Group, Inc. v. Garcia, 1:10-cv-20509-KMM, 2012 U.S. App. LEXIS 10891 (11th Cir. May 30, 2012).  The decision makes it clear that a debtor must seek enforcement of its discharge order in the same federal court that granted the discharge in the first place.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Class action, Exclusive jurisdiction, Bankruptcy discharge, United States bankruptcy court, Eleventh Circuit
    Authors:
    Alicia B. Davis , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    State court may not prohibit receivership defendant from filing for bankruptcy
    2007-02-28

    In re Corporateand Leisure Event Productions, Inc.,1 the Bankruptcy Court for the District of Arizona held that a state court lacks the power to enter an order in a receivership proceeding preventing the receivership defendant from filing a petition in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Shareholder, Debtor, Injunction, Fraud, Bright-line rule, Common law, Exclusive jurisdiction, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    Southern District of New York Reopens Atari’s Bankruptcy Cases
    2016-05-04

    Until recently, In re Atari, Inc. was a closed case, but, in a recent decision, the bankruptcy court for the Southern District of New York found that “other cause” existed to reopen the bankruptcy cases. 

    Background

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Exclusive jurisdiction, United States bankruptcy court
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Arbitration clauses may be enforceable in core bankruptcy proceedings
    2007-07-31

    The U.S. Court of Appeals for the Eleventh Circuit has held that the bankruptcy court’s exclusive jurisdiction to dispose of estate property did not preclude the enforcement of an arbitration provision.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, General contractor, Breach of contract, Arbitration clause, Federal Reporter, Subcontractor, Motion to compel, Exclusive jurisdiction, Constructive trust, US Congress, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Insurers remain on the hook despite bankruptcy termination provisions
    2009-10-15

    The U.S. Bankruptcy Court for the Southern District of New York recently prohibited insurers from terminating debtors' insurance contracts based on so-called "cesser" clauses, which provided for the automatic termination of insurance coverage upon the commencement of proceedings under any bankruptcy or insolvency law. LaMonica v. N. of Eng. Protecting & Indem. Ass'n Ltd. (In re Probulk Inc.), 407 B.R. 56 (Bankr. S.D.N.Y. 2009).

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Injunction, Board of directors, Preliminary injunction, Subject-matter jurisdiction, Exclusive jurisdiction, US Code, Trustee, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Han J. Ahn
    Location:
    USA
    Firm:
    Reed Smith LLP
    US Third Circuit further defines bankruptcy courts’ ability to enjoin actions between non-debtor affiliates and third parties
    2010-03-11

    In a decision that reaffirms its previous rulings on the jurisdictional limits of bankruptcy courts, the US Court of Appeals for the Third Circuit recently held in W.R. Grace & Co. v. Chakarian (In re W.R. Grace & Co.)1 that bankruptcy courts lack subject matter jurisdiction over third-party actions against non-debtors if such actions could affect a debtor’s bankruptcy estate only following the filing of another lawsuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Injunction, Negligence, Subject-matter jurisdiction, Exclusive jurisdiction, US Code, Title 11 of the US Code, US Constitution, United States bankruptcy court, Third Circuit
    Authors:
    Brian Trust , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    New York high court applies the "single-entity exemption" in the Securities Litigation Uniform Standards Act of 1998
    2011-07-12

    In RGH Liquidating Trust v. Deloitte & Touche, LLP, 2011 WL 2471542 (N.Y.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sheppard Mullin Richter & Hampton LLP, Bond (finance), Tax exemption, Bankruptcy, Security (finance), Fraud, Class action, Liquidation, Investment company, Exclusive jurisdiction, Securities fraud, Deloitte, Pension Benefit Guaranty Corporation
    Authors:
    John P. Stigi III
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Aftermath of Stern v. Marshall – BearingPoint Court declines to oversee lawsuit
    2011-07-20

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Fiduciary, Subject-matter jurisdiction, Exclusive jurisdiction, Article III US Constitution, Chief executive officer, Trustee, High Court of Justice (England & Wales), United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Adam C. Rogoff
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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