Bankruptcy Litigation Committee
ABI Committee News
Volume 5, Number 6 / October 2008
In This Issue
The Basics of Abstention and Remand Applied to Removed Cases
by: Joshua J. Lewis [1]
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Donya Mir [2]
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Upon the filing of a bankruptcy case by a debtor, 28 U.S.C. §1452(a) generally allows the nondebtor party who is in litigation with the debtor to remove a claim or cause of action that is related to the bankruptcy case to the federal district court for the district in which the bankruptcy case is pending (as long as subject matter jurisdiction over the cause of action exists). 28 U.S.C. §1452(a) provides:
A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit's police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under §1334 of this title.
Chapter 15 Cases Show Significant Procedural Questions Remain
by: Karl Schaffer
Carter Ledyard & Milburn LLP; New York City
The U.S. Bankruptcy Court for the Eastern District of Virginia with In re Loy, No. 07-51040, 2008 WL 906503 (Bankr. E.D. Va. April 3, 2008) raises new procedural issues under chapter 15. The foreign representative in that case sought to sell a piece of the debtor's real property in Virginia free and clear of all liens, claims and encumbrances. The bankruptcy court held that the sale could not take place as planned due to procedural deficiencies.
MERS Rolls the Dice in Nevada
by: Johnathan C. Bolton
Fulbright & Jaworski LLP; Houston
An unusual joint hearing held by the U.S. Bankruptcy Court for the District of Las Vegas involving 27 separate cases could have a great impact on the ability to enforce mortgages in the United States. The bankruptcy court held a joint hearing with three bankruptcy judges sitting simultaneously to hear an issue presented in those cases: whether the Mortgage Electronic Registration System Inc. (MERS) had standing to seek relief from the automatic stay when it was not the actual owner and holder of the promissory note and deed of trust at issue?
Committee Session At The ABI Winter Leadership Conference
The Winter Leadership Conference will be held Dec. 4-6 in Tucson, AZ, at the Westin La Paloma. This year's conference will feature another great group of sessions and speakers, as well as some top-notch entertainment! The Bankruptcy Litigation Committee will hold a joint session with the New & Young Members Committee entitled "Electronic Discovery, Wall Street to Main Street: Management of Electronic Discovery Issues in Bankruptcy Litigation." The speakers will include Hon. Christopher M. Klein of the U.S. Bankruptcy Court (E.D. Calif.), George Mesires of Barack, Ferrazzano, Kirschbaum and Nagelberg, LLP in Chicago, William Meyers of Goldberg Kohn in Chicago, Andrea Schwartz of Fulbright and Jaworski in New York and Evan Slavitt of AVX Corp in Myrtle Beach, S.C. The session will take place on Friday, at 3:45 p.m. Register for the conference online.