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February 11, 2021

Tempnology Didn’t Undercut the Validity of Equitable Mootness, First Circuit Says
Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.
1st Circuit

December 28, 2020

Absent a Stay, Making Plan Payments for Two Years Renders an Appeal Equitably Moot
In the First Circuit, transferring the business or assets isn’t required before confirmation is equitably moot.
1st Circuit

November 30, 2020

Court of Claims Rebuffs Puerto Rico Bondholders’ Claims of Unconstitutional Takings
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
1st Circuit

October 22, 2020

On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
1st Circuit, Massachusetts

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

August 04, 2020

Asset Exempt in Chapter 13 Retains the Exemption After Conversion, First Circuit Says
Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.
1st Circuit

June 10, 2020

Last Week, the Government Went 2 for 3 in Defeating Debtor’s Demands for PPP Loans
Courts are divided on whether PPP litigation is ‘core’ or not.
1st Circuit, Maine

May 28, 2020

BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account
The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.
1st Circuit

April 22, 2020

‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board
District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.
1st Circuit, Puerto Rico

April 13, 2020

First Circuit Issues a Landmark Opinion on Valuation of Disputed Claims
The value of a disputed claim is proven by showing the likely validity of the claim and the likelihood of recovery, not just by establishing the possible damages.
1st Circuit