by: Keith L. Abrams
St. John's University School of Law; Brooklyn, N.Y.
Standing is “an essential and unchanging part of the case-or-controversy requirement of Article III.”[1] In challenging a bankruptcy court order, the right of appellate review has historically been limited to “persons aggrieved.”[2] The Seventh Circuit stated that the “persons-aggrieved” standard is stricter than the “general Article III” standard in order to prevent protracted litigation by those not directly affected by a bankruptcy order.[3]
In In re Moran,[4] the Sixth Circuit revisited appellate-standing and persons-aggrieved standard issues when a third-party challenger contested the bankruptcy court order allowing an abandonment of stock by an estate back to its original debtor.[5] In denying the third-party challenger’s appeal, the Sixth Circuit provided clear standing guidelines for a third party seeking to challenge an abandonment order.
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ABI joined Georgetown University Law and 18 bankruptcy judges on October 1, 2010 for the ever-popular Views from the Bench. This program, held at the Georgetown University Law Center in Washington, D.C., offered a unique opportunity for bankruptcy practitioners and bankruptcy judges to convene for a day of valuable CLE and networking.
Panelists in the session "Confirmation: Hot Cases Roundtable" discussed recent confirmation-related decisions that demonstrate the creative restructuring strategies that have been used during the economic downturn and the Bankruptcy Code's flexible guidelines. Jay M. Goffman of Skadden, Arps, Slate, Meagher & Flom LLP in New York moderated. Panelists included Hon. Kevin J. Carey of the U.S. Bankruptcy Court (D. Del.) in Wilmington, Del., Hon. Leif M. Clark of the U.S. Bankruptcy Court (W.D. Texas) in San Antonio, Hon. Rosemary Gambardella of the U.S. Bankruptcy Court (D. N.J.) in Newark, N.J. and Edward C. Dolan of Hogan & Hartson LLP in Washington, D.C. Please click the link below to view the materials by Mr. Goffman.
Confirmation Hot Topics
The Business Reorganization Committee is searching for publications for its Newsletter. If you are interested in having an article published in this Newsletter, please contact Brad Sandler at bsandler@pszjlaw.com or by phone at 302.778.6424, or any of the Committee leaders.
