Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)
Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.
Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors
Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.
Finality Governed by Resolution of All Issues in an Adversary Proceeding
Unusual facts permit no exception to rigid rules on appellate jurisdiction.
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.