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To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit?
In the recent decision of Tew v. ED&F Man Capital Markets, the U.S. Bankruptcy Court for the Eastern District of Kentucky (the bankruptcy court) addressed a thorny decision for all bankruptcy courts, namely to what extent a bankruptcy court has jurisdiction over a post-confirmation lawsuit. In this case, Bernard Tew, along with his wife, Stephanie, filed a voluntary Chapter 11 petition on July 23, 2020. During the course of their bankruptcy case, the debtors filed a second plan of reorganization (the plan), in which they referenced a potential and unliquidated claim against an entity known as "ED&F Man." Although this "claim" was also listed on the debtors' schedules, no version of the plan or disclosure statement specifically identified the defendant by name or explained the nature of the claim the debtors intended to assert against this entity.
On Oct. 19, 2021, the plan was confirmed and on June 14, 2023, the debtors filed an adversary proceeding against the defendant. In addition to the debtors serving as plaintiffs, the debtors' children and 12 of their related retirement plans were also named as plaintiffs. The complaint had many counts but was primarily a complaint premised under the Racketeer Influenced and Corrupt Organizations Act (RICO), although it did include some additional state law claims for breach of contract and other business torts. As noted by the bankruptcy court, there was no injury allegedly sustained by Mrs. Tew or her children asserted in the complaint.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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