May 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 CircuitMay 05, 2022
First Circuit Upholds Confirmation of Puerto Rico’s Debt Adjustment Plan
Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.
1st CircuitAugust 19, 2021
First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
1st CircuitAugust 16, 2021
A Trustee Can’t Always Avoid and Preserve an Unrecorded Mortgage for the Estate
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
1st CircuitJuly 23, 2021
Puerto Rico Case and the Efficacy of Prof. Westbrook’s Definition of ‘Executoriness’
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
1st Circuit, Puerto RicoJune 07, 2021
In ‘Related To’ Jurisdiction, District Court Applies the Bankruptcy Rules, Circuit Says
If the district court is adjudicating a suit with “related to” jurisdiction under 28 U.S.C. § 1334(b), the district court applies the Bankruptcy Rules, not the Federal Rules, the First Circuit says.
1st CircuitJune 03, 2021
Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt
First Circuit BAP explains what lien avoidance does and doesn’t do.
1st CircuitMay 24, 2021
Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
1st Circuit, MassachusettsMay 05, 2021
Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
1st CircuitApril 28, 2021
First Circuit Liberally Interprets the Police and Regulatory Stay Exception
The appeals court reviews the ‘totality of the circumstances’ when government action has elements of both regulatory enforcement and furtherance of the state’s pecuniary interest.
1st Circuit