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In Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10 th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ( BAP ) held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors bankruptcy estate. As a consequence, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had standing to sue third-party recipients of allegedly fraudulent transfers. The decision illustrates the distinction between bankruptcy standing and constitutional standing to sue in federal courts. Jurisdiction Over Estate Property in Bankruptcy ....
A forklift operator loads absentee ballots for mailing in Raleigh, N.C., on Sept. 3, 2020. (AP Photo/Gerry Broome, File) RICHMOND, Va. (CN) The Fourth Circuit seemed unlikely Thursday to side with a conservative legal group in its effort to get sensitive voting records from North Carolina, based on claims that the state has not properly maintained its rolls. Public Interest Legal Foundation, an Indiana-based nonprofit whose president was a member of President Donald Trump’s failed voter fraud commission, sued the North Carolina State Board of Elections and its Executive Director Karen Brinson Bell last year in an attempt to get voter data it argues should be released under the National Voting Rights Act of 1993. ....