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Subject Matter Jurisdiction › Bankruptcy Court › Bankruptcy Code

Goldberg Segalla

Fourth Circuit: Federal Courts Have Subject-Matter Jurisdiction Over Solvent Debtor Cases

Goldberg Segalla on

Court: U.S. Court of Appeals for the Fourth Circuit - On appeal, the Fourth Circuit affirmed a bankruptcy court’s denial of a motion to dismiss for lack of subject matter jurisdiction. Founded in 1927, Georgia-Pacific LLC is...more

Tucker Arensberg, P.C.

LTL, Part Deux (now with even more fraudulent transfers!)

Tucker Arensberg, P.C. on

Here we go again. Precisely one hour and thirty-nine minutes after the dismissal of the bankruptcy filing of LTL, Johnson & Johnson’s artificially created talc-liability subsidiary, the company was right back at it again with...more

Jones Day

Tenth Circuit BAP: Bankruptcy Courts Have Exclusive Jurisdiction to Determine Whether Claims Are Estate Property

Jones Day on

In Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ("BAP") held that the bankruptcy court is the only court with subject-matter jurisdiction to decide...more

Hogan Lovells

Management of large liabilities of health care companies through bankruptcy

Hogan Lovells on

Two recent decisions involving health care companies demonstrate how reorganization under Chapter 11 of the Bankruptcy Code can be used to manage large liabilities. ...more

Patterson Belknap Webb & Tyler LLP

Subject Matter Jurisdiction in Bankruptcy: The Eleventh Circuit Addresses Related-To Jurisdiction

Patterson Belknap Webb & Tyler LLP on

The subject matter jurisdiction of bankruptcy courts causes confusion and can be hard to understand. In a recent decision, the United States Court of Appeals for the Eleventh Circuit clarified the meaning of the phrase...more

Fox Rothschild LLP

Delaware Bankruptcy Court Reinforces Use Of Pacor Test To Assess Subject-Matter Jurisdiction Over Chapter 7 Trustee’s Claims

Fox Rothschild LLP on

In Beskrone v. Int’l Educ. Corp., Adv. No. 17-50523 (CSS) (Bankr. D. Del. July 2, 2018), the Bankruptcy Court for the District of Delaware held that a chapter 7 trustee’s adversary proceeding to recover alleged prepetition...more

Mintz - Bankruptcy & Restructuring Viewpoints

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

Mintz - Bankruptcy & Restructuring Viewpoints on

It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11 confirmation orders routinely provide that the bankruptcy court retains jurisdiction...more

Herbert Smith Freehills Kramer

Jurisdiction Retention Clause in Sale Order Can’t Provide Bankruptcy Court Subject Matter Jurisdiction for Contract Disputes...

Herbert Smith Freehills Kramer on

The Bottom Line - In a decision addressing the reaches of bankruptcy court subject matter jurisdiction, a First Circuit Panel, including retired Supreme Court Justice Davis Souter sitting by designation, ruled that the...more

Goulston & Storrs PC

T&E Litigation Newsletter - February 2017

Goulston & Storrs PC on

Several recent decisions serve as a good reminder that it is not only the Probate and Family Court that addresses important T&E issues in Massachusetts. In the consolidated matters of Hanna et al. v. Williams et al.,...more

Epstein Becker & Green

Medicare Jurisdictional Bar Limits Bankruptcy Court Authority in Health Care Bankruptcy

Epstein Becker & Green on

In an opinion dated June 26, 2015, the U.S. District Court for the Middle District of Florida ruled that the bankruptcy court administering the Bayou Shores SNF, LLC (“Debtor” or “Bayou Shores”), chapter 11 proceeding lacked...more

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