The Splits from page 29 at 1027 ( citing Bowles v . Russell , 551 U . S . 205 , 213 ( 2017 )). To decide otherwise , the Court stated , “ would mean that Congress could delegate authority to establish the subject matter jurisdiction of the federal courts to the rules committees through the Rules Enabling Act of 1934 .” Id . Despite this conclusion , the Sixth Circuit affirmed the district court ’ s dismissal of the appeal , not because of subject matter jurisdiction , but because the missed deadline in Rule 8002 ( a )( 1 ) was mandatory and the failure to comply with the mandatory rule timely raised in a motion to dismiss the appeal was properly dismissed “ as dilatory .” Id . at 1028 .
Will the Sixth Circuit be persuasive with other circuits ? That remains to be seen , but these cases are instructive in reminding us both that determining a clear Congressional intent may not be easy and that what appears to be settled law may , upon closer examination , become unsettled . Jurisdiction is always going to be carefully scrutinized — a principle we understand well in the area of bankruptcy law .
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and O ’ Hare Airport construction problems . Each case presented me with opportunities to protect the City . I found myself leafing through the Bankruptcy Code and Colliers during the day , and I called my father in the evening to figure out what my strategy would be to protect my client . I was very lucky that I was able to talk through the issues with my father and could not have had a better mentor . My father was patient and a deep thinker . He had represented hundreds of middle market companies in the Midwest and was known as a good counsel and negotiator . We would discuss strategy and then , the next day , I would begin drafting or marching into court to protect the City .
After four years with the City , I left for private practice . During the early years , I represented corporate debtors . My favorite case was that of Provident Hospital , a Chicago community hospital . It also supported a nursing school and was , in many ways , the pride and joy of the Southside Chicago community . Provident filed in 1987 primarily because Medicaid and other state reimbursements were not sufficient to make ends meet , and it lost
money every time a patient came into the emergency room . Through that case , I learned more about recoupment , HHS , and HUD than I ever imagined possible . It also taught me a lot about listening to clients and helping them understand the limited options that existed . The case was before Judge Robert Ginsberg — who I believe was more patient than perhaps he wanted to be — as the case could not be converted to a chapter 7 because Provident was a not-forprofit entity . Nearly halfway through the case , the partner I was working with left the practice , and I had to navigate the remaining issues on my own . Eventually , the hospital was “ sold ” to Cook County and we used the remaining assets to create a foundation to memorialize the historic importance of the institution in Chicago and the country .
Over the years , I had many other opportunities to participate in large Chicago cases , including Kmart and United Airlines . Appearing before Judge Gene Wedoff in the United Airlines case gave me the chance to see an excellent judge handle hundreds of issues and treat each one carefully . I had the opportunity to work in many of the
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