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July 21, 2022
First and Ninth Circuits Split on Discharge of Takings Clause Claims
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
1st Circuit
October 06, 2020
First Circuit Won’t Allow a Lien to Be Waived by Implication
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
1st Circuit
February 05, 2020
Stay Violation Order Is Final Even Before Attorneys’ Fees Are Awarded, Circuit Says
First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.
1st Circuit
May 01, 2019
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.
1st Circuit
August 10, 2018
First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple
Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.
1st Circuit
January 18, 2018
Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says
Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.
1st Circuit
January 16, 2018
Circuit Split Deepens on Rejection of Trademark Licenses
First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.
1st Circuit
February 26, 2016
First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition
Minor dispute as to amount bars using a claim for filing an involuntary petition.
1st Circuit