No. 18-27

Estate of Juanita Jackson, et al. v. Rubin Schron

Lower Court: Eleventh Circuit
Docketed: 2018-07-05
Status: Denied
Type: Paid
Tags: all-writs-act bankruptcy bankruptcy-jurisdiction consent injunctive-relief judicial-authority jurisdiction non-core-proceedings permanent-injunction state-law-claims
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Can bankruptcy courts use the All Writs Act to expand their jurisdiction and authority beyond the confines of the Bankruptcy Code? And if so, can they use the Act to permanently enjoin a non-core, state-court proceeding, without the parties' consent?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Though bankruptcy courts are considered courts of equity, their jurisdiction is limited. This Court has held that while bankruptcy courts can adjudicate “core” proceedings, they cannot adjudicate “non-core” proceedings absent consent from all parties. Here, the bankruptcy court issued a permanent injunction extinguishing Petitioners’ non-core, state-law claims against a non-debtor. To justify its action, the bankruptcy court used the All Writs Act, which has been described by this Court as a drastic and extraordinary remedy. There is significant debate amongst courts and scholars whether bankruptcy courts can even use the All Writs Act. This Court, however, has yet to address this important issue. So the questions presented are: Can bankruptcy courts use the All Writs Act to expand their jurisdiction and authority beyond the confines of the Bankruptcy Code? And if so, can they use the Act to permanently enjoin a non-core, state-court proceeding, without the parties’ consent?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Reply of petitioners Estate of Juanita Jackson, et al. filed. (Distributed)
2018-08-06
Brief of respondent Rubin Schron in opposition filed.
2018-06-29
Petition for a writ of certiorari filed. (Response due August 6, 2018)
2018-04-16
Application (17A1103) granted by Justice Thomas extending the time to file until June 29, 2018.
2018-04-10
Application (17A1103) to extend the time to file a petition for a writ of certiorari from May 2, 2018 to June 29, 2018, submitted to Justice Thomas.

Attorneys

Estate of Juanita Jackson, et al.
Joanna Greber DettloffWilkes & McHugh, P.A., Petitioner
Joanna Greber DettloffWilkes & McHugh, P.A., Petitioner
Rubin Schron
Benjamin E. RosenbergDechert LLP, Respondent
Benjamin E. RosenbergDechert LLP, Respondent