Circuit split · bankruptcy law
Whether and to what extent Bankruptcy Code § 349(a) empowers bankruptcy courts to enjoin a debtor's future bankruptcy filings
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Casse v. Key Bank National Ass'n198 F3D 327
Second Circuit Court of Appeals · December 10, 1999
“Section 349(a) also empowers bankruptcy courts to enjoin future filings, although there is a conflict among the circuits as to the scope of that empowerment, and whether the provisions of § 349(a) contra-diet those of § 105.” — Split of authority
Empirical analysis of this case →
The provision at issue
11 U.S.C. § 105 — Power of court
“(a) The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process. (b) Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title. …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 10th Cir.Frieouf v. United States (In re Frieouf)938 F.2d 1099
“The distinctly minority view on these questions is that of the Tenth Circuit, which held in Frieouf v.” — Casse v. Key Bank National Ass'n, acknowledging the split
- Discussed · Bankr.N.D.Ind.In re Earl140 B.R. 728
“§ 1651 ,” and was included in the Bankruptcy Code “to cover any powers traditionally exercised by a bankruptcy court that are not encompassed by the All Writs Statute.” In re Earl, 140 B.R.” — Casse v. Key Bank National Ass'n, acknowledging the split
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.