Solution Trust ex rel. AWTR Liquidation Trust v. 2100 Grand LLC (In re AWTR Liquidation Inc.)

OPINION ON JURISDICTION AND AUTHORITY, AND RELATED MATTERS

I. INTRODUCTION

The factual and procedural background is set forth in the concurrently issued Opinion On Directors’ And Officers’ Duties Upon Insolvency, And Related Issues. Capitalized words have the meanings set forth in that opinion.

II. JURISDICTION, AUTHORITY, AND OTHER PRELIMINARY ISSUES

This Bankruptcy Court has an independent duty to examine its jurisdiction and authority. See In re Rosson, 545 F.3d 764 , 769 n. 5 (9th Cir.2008) (jurisdiction); In re Pringle, 495 B.R. 447, 455 (9th Cir. BAP 2013) (authority). Although “jurisdiction” and “authority” sound very similar, the Supreme Court has distinguished between (A) bankruptcy courts’ broad subject matter jurisdiction and (B) their narrower constitutional and statutory authority to issue final judgments or orders, as opposed to issuing proposed findings of fact and conclusions of law that are subject to de novo review by an Article III Court. See Wellness Int'l Network, Ltd. v. Sharif, — U.S. -, 135 S.Ct. 1932 , 191 L.Ed.2d 911 (2015); Stern v. Marshall, 564 U.S. 462 , 131 S.Ct. 2594 , 180 L.Ed.2d 475 (2011); In re Bellingham Ins. Agency, Inc., 702 F.3d 553, 567…