The courts of appeals do not agree on the standard for issuing an injunction to stay litigation against a nondebtor party. Many lower courts have followed the lead of the Fourth Circuit in granting a section 105 injunction against litigation that interferes with the reorganization of the debtor.
Tagged a-nondebtor-party-, a-section-105, fourth, fourth-circuit, interferes-with, lead, standard, 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.
Tagged after-its, against-the-estate, agree-on-whether, but-courts, claims-against, free-and, includes-non-in, not-agree, remains-unclear, section-authorizes, sixth, such-as-claims, such-property, the-estate-The courts have not agreed on whether 28 U.S.C.S. § 1412 allows a bankruptcy court to retain jurisdiction of an improperly venued case. The majority of lower courts have held that a court cannot keep such a case, given the plain language of 28 U.S.C.
Tagged 1406-and, a-strong-minority, bankruptcy-court, courts-have, given-the-plain, improperly-venued, keep-such, lower-courts, plain, position-has, practical-approac, retain-jurisdiction, strong-minority