The courts of appeals do not agree on the standard for issuing an injunction to stay litigation against a nondebtor party.
Tagged district-court, fourth, fourth-circuit, judge, lexis, lower-courts, not-agree, pension, presumption, question, reorganization, the-affirmative, the-debtor, the-leadThe scope of Code section 363(f) remains unclear thirty years after its enactment. The section authorizes a trustee to sell estate assets “free and clear of any interest in such property,” but courts do not agree on whether “interests” includes non-in rem interests, such as claims against the estate. The Sixth Circuit’s decision in
Tagged agree-on-whether, district-court, estate, guaranty, includes-non-in, lexis, not-agree, not-satisfy, pension, rem-interests, section-authorizes, sixth, sixth-circuit, such-property, thirty-yearsThe courts have not agreed on whether 28 U.S.C.S. § 1412 allows a bankruptcy court to retain jurisdiction of an improperly venued case.
Tagged bankruptcy-court, given-the-plain, improperly-venued, judge, lower-courts, not-agree, plain, plain-language, reorganization, retain-jurisdiction, strong-minority, the-affirmative, the-lead