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Chapter 7 Subject Matter Jurisdiction

Jones Day

Fifth Circuit: Barton Doctrine Precluded Litigation by Chapter 7 Debtor Against Bankruptcy Trustee and Counsel

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To shield bankruptcy trustees and certain other entities from litigation arising from actions taken in their official capacity, the "Barton doctrine"—now more than a century old—provides that such litigation may be commenced...more

Rosenberg Martin Greenberg LLP

Abstention Trumps the Barton Doctrine in the Fourth Circuit

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

Jones Day

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

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Toni 1 Trust v. Wacker: The Current State of Domestic Asset Protection Trusts

Seventeen states now have statutes allowing for the creation of a domestic asset protection trust (“DAPT”), also sometimes referred to as a self settled spendthrift trust or a self settled asset protection trust. Although...more

Morris James LLP

Bankruptcy Court Has Subject Matter and Non-Core Jurisdiction Over Action to Recover Debtor’s Accounts Receivable

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On July 2, 2018, Chief Bankruptcy Judge Sontchi issued an opinion in connection with the chapter 7 liquidation of Pennysaver USA Publishing, LLC regarding the issue whether the bankruptcy court has subject matter jurisdiction...more

Fox Rothschild LLP

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

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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

BCLP

Ruined, Missing Wine leads to Million Dollar Hangover for Debtor

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A Chapter 7 debtor’s failure to comply with a bankruptcy court order to preserve a $2 million dollar-plus collection of fine wines has led to the imposition of sanctions of over $1 million, most of which could be charged...more

Lowndes

Three Recent Supreme Court Rulings Will Impact Lenders and Investors

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Three significant opinions issued by the US Supreme Court in the last few months will impact lenders and investors. Bank of America v. Caulkett - In a major win for the nation’s mortgage lenders and...more

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