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Allustiarte v. United States

In case alleging that bankruptcy courts' approval of actions taken by bankruptcy trustees amounted to unconstitutional takings, dismissal of complaint affirmed because Court of Federal Claims does not have jurisdiction to review decisions of federal bankruptcy courts.

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Appealed from: United States Court of Federal Claims Judge Marian Blank Horn

This is an appeal from the decision of the United States Court of Federal Claims that dismissed appellants’ complaint against the United States for lack of subject matter jurisdiction. Allustiarte v. United States, 46 Fed. Cl. 713 (2000). The court determined that it did not have jurisdiction to consider appellants’ allegations “that the actions approved by the bankruptcy courts [of the Ninth Circuit] resulted in takings . . . in violation of the Fifth Amendment to the Constitution.” Id. at 716. Because the Court of Federal Claims does not have jurisdiction to review decisions of federal bankruptcy courts, we affirm.

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