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Abstention › Bankruptcy Court

Husch Blackwell LLP

Fifth Circuit Rules Bankruptcy Court to Abstain from ERCOT-Winter Storm Uri Case

Husch Blackwell LLP on

On January 5, 2023, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a decision from the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the...more

Rosenberg Martin Greenberg LLP

Abstention Trumps the Barton Doctrine in the Fourth Circuit

Rosenberg Martin Greenberg LLP on

In Barton v. Barbour, the United States Supreme Court held that before another court could obtain subject matter jurisdiction over a suit against a receiver for acts committed in the receiver’s official capacity, the...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Holds Automatic Stay Inapplicable to Removal of State Court Action Against Debtor

Patterson Belknap Webb & Tyler LLP on

When a party files for bankruptcy, the Bankruptcy Code imposes an automatic stay of litigation against a debtor for claims arising prior to the commencement of the bankruptcy case. See 11 U.S.C. § 362(a). Where there is a...more

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