Fifth Circuit Punt?
I posted here about the lack of clarity regarding direct appeals from a bankruptcy court to the court of appeals. I noted that the Fifth Circuit had requested supplemental briefing on the jurisdictional issues and I was eagerly anticipating some decent dialogue between the Court and appellate counsel about this. The Fifth Circuit, however, did not ask any questions about the issue and I suppose we will now have to wait to see if they decide to keep the case and rule on the merits or punt the case on jurisdictional grounds. They certainly punted the jurisdictional issue at oral argument.
