December 13, 2023
Substantially Equivalent Value Not Required to Defeat Equitable Disgorgement
The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.
1st CircuitSeptember 14, 2023
College Tuition Made a Debtor Ineligible for Chapter 7
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
1st Circuit, MassachusettsAugust 30, 2023
First Circuit Describes How to Value an Interest in Entireties Property
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
1st CircuitMarch 03, 2023
First Circuit Says: PROMESA Fiscal Plans Can’t Be Challenged in Federal Court
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
1st CircuitMarch 01, 2023
First Circuit Writes a Treatise on the Elements of Judicial Estoppel
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
1st CircuitAugust 08, 2022
First Circuit BAP Limits the Student Loan ‘Borrower Defense’
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
1st CircuitJuly 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 CircuitMay 24, 2022
First Circuit Majority Says Sovereign Immunity Abrogated as to the Puerto Rico Oversight Board
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
1st CircuitMay 23, 2022
Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
1st CircuitMay 10, 2022
Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
1st Circuit