LAW 794 Lecture 9: Bankruptcy Procedure - class 9
30 Mar 2020
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After i, all co-ds removed/xferred opt-out cases to e. d. mich. 157(b)(4) refers only to (b)(2)(b), claims "against the estate," so these cases subject to mandatory abstention. 1334(d): any decision to abstain/not to abstain under (c) not reviewable by coa; can appeal only to dist court. Only thing that can be appealed beyond dist court is denial of mandatory abstention. Ds petition for writ of mandamus asking coa to order bk court to xfer all cases to e. d. mich. 6th cir. says this is different than appeal of abstention, so we"ll rule on it. But 1334 (d) says not reviewable on appeal "or otherwise," so, you know, like a fucking writ of mandamus. Court says nah, after that language, the statue lists a bunch of specific provisions, and b/c mandamus power comes from a different section, we"re cool. In things remembered, court"s review of remand governed not only by. 1452(b), but also by general provisions in 1447(d)
