Arsenis v. United States Trustee

Arsenis v. United States Trustee The Federal Circuit lacks jurisdiction over appeals originating from bankruptcy court decisions and transferred the case to the Third Circuit under 28 U.S.C. § 1631. Arsenis failed to demonstrate any basis for Federal Circuit jurisdiction. A straightforward reminder that the Federal Circuit's jurisdiction does not extend to bankruptcy appeals, which follow the regional circuit path under 28 U.S.C. §§ 158 and 1295. Granted motion to transfer; entire matter, including all pending motions, transferred to the U.S. Court of Appeals for the Third Circuit. Arsenis appealed a D.N.J. district court mootness dismissal of her bankruptcy appeal to the Federal Circuit rather than the Third Circuit. The Federal Circuit's jurisdiction is limited and does not generally encompass appeals from bankruptcy court decisions; the proper appellate path runs through the regional circuit under 28 U.S.C. §§ 158(a) and 158(d). Arsenis offered no basis to bring the case within the Federal Circuit's limited jurisdiction, and the court cited In re Cambridge Biotech Corp. as illustrative of the narrow exceptions. Pursuant to 28 U.S.C. § 1631, the court transferred rather than dismissed, finding transfer in the interest of justice. All pending motions, including Arsenis's emergency stay motion, were transferred along with the merits and will be resolved by the Third Circuit. standing / jurisdiction remand non-precedential standing / jurisdiction remand non-precedential standing / jurisdiction remand non-precedential