Teta v. Chow (In Re TWL Corp.)

JAMES E. GRAVES, JR.,

Circuit Judge, concurring in the judgment only:

I would reverse the district court’s affir-mance of the bankruptcy court’s denial of class certification and dismissal of this class adversary proceeding. Nevertheless, I concur in the judgment insofar as it requires the bankruptcy court to reconsider its holding.

In its Federal Rule of Civil Procedure 23 “numerosity” and “superiority” analy-ses,1 the bankruptcy court erred as a matter of law in applying bankruptcy-related factors such as the expense to the estate in litigating a class adversary proceeding.2 There is a…