Fidelity & Deposit Co. of Maryland v. Morris (In re Morris)

I respectfully dissent from the majority’s conclusion that the district court erred in finding that the bankruptcy court did not have jurisdiction to try the adversary proceeding after having closed the underlying Chapter 11 proceeding. That pending proceeding was the only source of the bankruptcy court’s jurisdiction to try this state court action in the first place. The error would be more palatable to me if the majority had coupled its reversal with a holding that the judgment would only be reinstated upon the debtor’s moving for a reopening of the underlying Chapter 11 proceeding pursuant…