Home -> Law Blog Directory -> Bankruptcy Blogs -> A Texas Bankruptcy Lawyer's Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: A Texas Bankruptcy Lawyer's BlogFifth Circuit Clarifies Post-Confirmation Jurisdiction
By Stephen Sather
In the Newby case, nine actions against Enron-related parties were removed to federal court based upon "related-to" jurisdiction. Seven cases were removed prior to confirmation of Enron's plan and two were removed between plan confirmation and the plan's effective date. The cases were consolidated in U.S. District Court where they were dismissed with prejudice. The plaintiffs appealed the dismissal on the basis that the U.S. District Court lacked jurisdiction subsequent to plan confirmation.
The Fifth Circuit noted an apparent conflict in its opinions.
"We previously have stated that 'Section 1334 does not expressly limit bankruptcy jurisdiction upon plan confirmation.' (citation omitted). Other Circuits agree, holding that 'if ?related to? jurisdiction actually existed at the time of . . . removal? subsequent events '[can]not divest the district court of that subject matter jurisdiction.? (citation omitted). But at the same time, this Court has stated that '[a]fter a debtor?s reorganization plan has been confirmed, the debtor?s estate, and thus bankruptcy jurisdiction, ceases to exist, other than for matters pertaining to the implementation or execution of the plan.' (citations omitted). Although these statements may seem contradictory, they are easily reconciled."
Slip Opinion, at 14-15.
The Fifth Circuit clarified its holding in Craig's Stores as one relating to claims brought post-confirmation. Thus, if bankruptcy jurisdiction attaches to a claim prior to confirmation, the court retains jurisdiction over that claim post-confirmation.
"(Plaintiffs)cannot point to a single case in which we have held that plan confirmation divests a District Court of bankruptcy jurisdiction over preconfirmation claims based on pre-confirmation activities that properly had been removed pursuant to 'related to' jurisdiction. We likewise find none. Accordingly, we hold that the District Court had bankruptcy jurisdiction over the Fleming plaintiffs? claims at the time it issued its decision dismissing them with prejudice."
Slip Opinion at 16.
Full post as published by A Texas Bankruptcy Lawyer's Blog on July 11, 2008 (boomark / email).
Washington Post WPO Securities Fraud
Washington Post WPO
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Washington Post 401(k) / ERISA Stock Fraud
Washington Post 401(k) / ERISA Stock Fraud
PTDS class action
Veterans Post Traumatic Stress Disorder Class Action

CAFC Reverses WDWA Decision on Personal Jurisdiction
"Confirmation Needed: The Senate should allow the Justice Department to fill its No. 2 post."
Eleventh Circuit: No DJ jurisdiction in copyright case when copyright unregistered
2nd Circuit Clarifies Civil Rights Fee Award Scheme
NLJ: IRS Clarifies Rule on Taxing Forgiven Law Student Loans







