Tag Archives: Bankruptcy

Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts

In In Re Laura Charlene Goebel, No. 25-103 (2d Cir. 2026), the Second Circuit joins a circuit split over whether Article I bankruptcy courts are constrained by Article III case or controversy requirements. The IRS appealed a decision of a bankruptcy judge not to dismiss a debtor’s pending adversary action for “lack of subject matterContinue reading “Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts”

First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)

In Roy v. Canadian Pacific Railway Co., No.  17-1108 (1st Cir. June 2, 2021), the First Circuit decides an issue of first impression and holds that those cases proceeding in the district court as “related to” a pending bankruptcy proceeding, 28 U.S.C. § 1334(b), follow the Federal Rules of Bankruptcy Procedure rather than the FederalContinue reading “First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)”