13 results for 'cat:"Bankruptcy" AND cat:"Jurisdiction"'.
J. Edwards denies remand to the Chapter 11 liquidating trustee for two bankrupt German-owned manufacturers of wood pellets. The trustee, a resident of Massachusetts, acted in “bad faith” to keep his suit against three financial advisors in a Louisiana state court. The sued financial advisors, who sold now-worthless bonds to build a wood pellet plant in Louisiana, met the high burden of demonstrating the trustee misused the federal removal statute by leaving a lone Louisiana resident – an accountant – to keep his suit in state court. The state court dismissed the trustee’s action against the Louisiana-based accountant because he had no evidence to support his allegations against her, nor did he depose her.
Court: USDC Western District of Louisiana , Judge: Alexandria, Filed On: May 7, 2024, Case #: 1:23cv505, NOS: Other Contract - Contract, Categories: bankruptcy, Securities, jurisdiction
J. Rushing finds the lower court properly dismissed the consolidated appeals for lack of jurisdiction. A party to litigation may not immediately appeal a civil contempt order. Instead, the sanctioned party must wait until the final judgment to appeal. The same rule applies in bankruptcy, except the relevant final judgment may be a decree ending the entire case or a decree ending a discrete proceeding within the bankruptcy case. In the two orders underlying the appeals, the bankruptcy court held the asbestos claimants in contempt and sanctioned them for defying a discovery order. Because the contempt and sanctions orders do not terminate a procedural unit separate from the remaining bankruptcy case, they are not final appealable orders. Affirmed.
Court: 4th Circuit, Judge: Rushing , Filed On: April 29, 2024, Case #: 22-1981, Categories: bankruptcy, jurisdiction, Asbestos
J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Civil Procedure, jurisdiction
J. Finkle dismisses a debtor's appeal of the bankruptcy court's rejection of his objection to the Massachusetts Department of Revenue's proof of claim. The debtor lacks standing to appeal because his chapter 13 case was converted into a chapter 7 case.
Court: 1st Circuit, Judge: Finkle, Filed On: April 11, 2024, Case #: 22-041 , Categories: bankruptcy, jurisdiction
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Per curiam, the circuit finds that the district court properly upheld default judgment obtained by a liquidating trustee in bankruptcy court. The judgment returned a $23.7 million mortgage to the debtors' estate that had been purchased for $3.8 million by an entity associated with an ex-officer of one debtor, which received notice of service of judgment and of being added to the case. The entity's failure to respond was determined to be willful, and the bankruptcy court had personal jurisdiction over the parties. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-311-bk, Categories: bankruptcy, Civil Procedure, jurisdiction
Per curiam, the circuit finds that an appeal should be dismissed as brought from an order vacating and remanding default judgment entered against a creditor in bankruptcy court. The litigation administrator of the debtors' post-confirmation estates challenged the order, which reopened an adversary proceeding over collection efforts on behalf of the creditor, but default judgment did not constitute an appealable final order.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 22, 2023, Case #: 23-60-bk, Categories: bankruptcy, Civil Procedure, jurisdiction
J. Simon denies the majority shareholders' motion to dismiss the minority shareholder's complaint that the majority shareholders breached their fiduciary duties to him as a minority shareholder of PPV Inc. The majority shareholders claim that the minority shareholder could have brought up his fiduciary duty claim during a prior bankruptcy proceeding, but the bankruptcy court already concluded that it did not have jurisdiction over that claim, and the majority shareholders do not have an argument for why the bankruptcy court would have jurisdiction.
Court: USDC Oregon, Judge: Simon, Filed On: November 21, 2023, Case #: 3:23cv526, NOS: Stockholders’ Suits - Contract, Categories: bankruptcy, Fiduciary Duty, jurisdiction
J. Cabranes finds that the district court properly established jurisdiction in a bankruptcy trustee's claims of breach of state securities law concerning a plan for refinancing a complex credit agreement just days before a Chapter 11 filing. Because one participant in the credit agreement assigned part of its interest to foreign lenders, federal jurisdiction applied. Furthermore, dismissal of the securities claims was appropriate because the trustee failed to plausibly allege that the notes created in the agreement constituted "securities" issued in an investment context. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: August 24, 2023, Case #: 21-2726-cv, Categories: bankruptcy, jurisdiction, Banking / Lending
[Consolidated.] J. Gonzalez remands to state courts a total of 10 Child Victims Act cases filed against parishes, schools and other organizations related to the Diocese of Rockville Centre, actions which were removed to federal court after the diocese filed for Chapter 15 bankruptcy protection. The court finds the litigants’ respective claims are related to the bankruptcy proceedings and subsequently meet the criteria for mandatary abstention.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 17, 2023, Case #: 1:23cv5059, NOS: Other Personal Injury - Torts - Personal Injury, Categories: bankruptcy, Tort, jurisdiction
J. Ashe denies a request by the Roman Catholic Archdiocese of New Orleans to dismiss disability discrimination claims against it in bankruptcy court by parents of disabled children seeking to enroll in New Orleans-area Catholic schools. The archdiocese unpersuasively argued that the parents’ complaints are moot because the archdiocese has voluntarily removed the allegedly biased questions from school admissions applications. The district court has no jurisdiction over the parents’ claims against the church, which are pending both in state court and in bankruptcy court.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 23, 2023, Case #: 2:22cv4552, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Civil Procedure, jurisdiction