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{ Tag Archives } lower-courts

Hon. Ralph R. Mabey on In re Excel Innovations

The courts of appeals do not agree on the standard for issuing an injunction to stay litigation against a nondebtor party. Many lower courts have followed the lead of the Fourth Circuit in granting a section 105 injunction against litigation that interferes with the reorganization of the deb

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2008 03 14 Baxter & Baxter, LLP Uncategorized Comments (0)

James M. Lawniczak on Thompson v. Greenwood

The courts have not agreed on whether 28 U.S.C.S. § 1412 allows a bankruptcy court to retain jurisdiction of an improperly venued case. The majority of lower courts have held that a court cannot keep such a case, given the plain language of 28 U.S.C. §§ 1406 and 1408. However,

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2008 03 14 Baxter & Baxter, LLP Uncategorized Comments (0)