Smith v. Fairbanks Capital Corp. (In Re Smith)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Rule 60(b) should only apply when a court enters an order allowing or disallowing a claim “subsequent to a challenge to that claim”
• noting the court’s discretion to consider motion to dismiss before motion for class certification because “with no meritorious claims, certification of those claims as a class action is moot”
• “Although bankruptcy courts are Article I courts rather than Article III courts, their jurisdiction is derived from the district courts. Because the jurisdiction of district courts is limited by the case or controversy requirement, so is the jurisdiction of the bankruptcy courts”

Source: CourtListener parenthetical corpus (CC0).