Legal Question in Bankruptcy in Delaware


My question is regarding WMI bankruptcy and civil litigation. Yesterday a DC judge ruled the below. I have extracted statements that are in the ruling. My question is:

What does the term "to the exclusion of other courts" actually mean?

IMO, based on the below statement from the DC ruling, this prevents any appeal on THJMW's decision on estate property. The court has determined they are "barred" (definition below) from doing so. In the ruling it also mentions wasted resources as a factor in the decision. With that being said, an appeal on any property decision by THJMW would constitute wasted resources. IMO, these two reasons prevent any appeal on property decisions.


Jurisdiction over property: Finally, and perhaps most significantly, a court that assumes jurisdiction over property first may exercise that jurisdiction to the exclusion of other courts. Foster-El, 163 F. Supp. 2d at 71. To the extent any of WMIs claims here relate to property that may be considered part of the bankruptcy estate, this Court is barred from making any determinations as to the ownership of that property.

Adj. 1. barred - preventing entry or exit or a course of action; "a barricaded street"; "barred doors"; "the blockaded harbor"

Asked on 1/08/10, 7:07 am

1 Answer from Attorneys

Robert Wilcox Wilcox Law Firm

I think this relates to my previous answer regarding "property of the bankruptcy estate'. What I see is that the non-bankruptcy judge is properly deferring to the Bankruptcy Court regarding a decision on those issues.

Robert Wilcox

(904) 281-0700

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Answered on 1/14/10, 2:10 pm

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