In 'Vicars,' 7th Circuit limits 'escape hatch' to district court to cases in which nonbankruptcy federal law must be interpreted

Article Abstract:

One of the concerns in the US Court of Appeals for the 7th Circuit case of In re Vicars Insurance Agency, Inc. and In re E&S Facilities, Inc., was the power of bankruptcy judges to adjudicate matters which would ordinarily be left to Article III judges. This is encoded in 28 USC 157 (d), which concerns the requirement that the district court withdraw the reference and reassume primary authority over a matter the bankruptcy court would otherwise adjudicate if both bankrupcy and other federal laws regulating interstate commerce are involved. Vicars affirmed the trial court's motion for mandatory withdrawal of the reference. Earlier case law on this issue is unclear.

Powers and duties, Debtor and creditor, Federal jurisdiction, Bankruptcy courts

---

The 3d Circuit, in a ruling involving Marvel, has clarified when a conflict of interest can disqualify an attorney from a case

Article Abstract:

The United States Court of Appeals for the 3d Circuit used In re Marvel Entertainment Group, Inc to clarify the the guidelines governing when a conflict of interest disqualifies an attorney from a case. Attorneys with an actual conflict of interest must be disqualified, but the court may not disqualify those attorneys with only the appearance of a conflict and has discretion to disqualify those with a potential conflict. Courts analyzing such conflicts of interest in an attorney for a debtor's estate should first examine the Bankruptcy Code and the bankruptcy rules.

Conflict of interests (Attorneys), Conflicts of interest (Lawyers), Disqualification of attorneys, Lawyer disqualification

---

Similar abstracts:

• Abstracts: 5th Circuit takes shot at diversity; panel, reading high court's tea leaves, says affirmative action's best days are past
• Abstracts: Parallel district court and ITC patent infringement actions and PTO interferences. A critique of recent opinions in patent interferences
• Abstracts: States' rights and family obligations; courts split on whether states must grant employee leave under act. When pros turns cons
• Abstracts: Judiciary curtails programs to pay for CJA. The '98 picture for a federally funded legal world. Legal bills stillborn in Congress; legislators leave town
• Abstracts: How 4th Circuit went beyond MCorp. Single-asset cases yield dual results. The 2d Circuit's Eastern decision favors trust structures when bankruptcy remote entities are created in debt refinancing

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.