Exploring New Approaches to Unsettled Legal Questions

Tag: Duberstein Bankruptcy Competition

Incentivizing Chapter 11: Why A Non-Debtor Discharge Is Within the Authority of the Bankruptcy Courts and in the Best Interest of Creditors

by Chelsea Ireland*

The Buck Stops Here: The Limits of Bankruptcy Court Jurisdiction Post-Confirmation

by Michael Murray*

May bankruptcy courts assume “related to” jurisdiction under 28 U.S.C. § 1334(b) over a post-confirmation successor liability suit when the estate’s assets have already been disbursed? Michael Murray (’17) examines this question, based on his experience at the 2016 Duberstein Moot Court Competition, sponsored by St. John’s University School of Law. His Contribution analyzes the legal landscape of “related to jurisdiction” in bankruptcy courts. Ultimately, the Contribution proposes that the Seventh Circuit has adopted the clearest interpretation of the statute and reasonably limits “related to” jurisdiction to disputes in which either the debtor is a party or the dispute affects the amount or distribution of the debtor’s estate.

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