Creditor Denied Derivative Standing to Countersue Plaintiff in Chapter 7 Adversary Proceeding
Creditor denied derivative standing in chapter 7 case.
Read MoreDelaware District Court Denies Interlocutory Appeal on Stern Claims
Introduction Bankruptcy courts are often asked to determine the state law rights of debtors and claimants alike. However, the Supreme Court in 2011 held that the non-Article III courts (i.e., bankruptcy courts) generally do not hold constitutional authority to enter final judgments on state common law claims, despite being conferred with statutory authority under 11 […]
Read MoreTexas Court Holds Third-Party Claims “Related to” Bankruptcy Case
In Lone Star State Bank of West Texas v. Waggoner, et al. (In re Waggoner Cattle, LLC), Adv. P. No. 18-02003 (RLJ) (Bankr. N.D. Tex. Nov. 19, 2018), the United States Bankruptcy Court for the Northern District of Texas reminded us that creditor’s claims against third parties can confer jurisdiction on a bankruptcy court when […]
Read MoreThird Circuit Upholds Implied Consent to Bankruptcy Court Jurisdiction
Federal bankruptcy judges, who are not appointed under Article III of the Constitution, do not have the power to enter a final judgment in all matters that come before them. Pursuant to 28 U.S.C. § 157(b)(2), they generally may enter a judgment in all cases under the Bankruptcy Code or in certain proceedings defined as […]
Read More