January 08, 2020
A Pennsylvania Gambling License Isn’t ‘Property’ Recoverable as a Fraudulent Transfer
Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictDecember 20, 2019
Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says
Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.
4th Circuit, West Virginia, West Virginia Southern DistrictDecember 05, 2019
The Supreme Court May Duck a Case Involving Federal Common Law vs. State Law
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
Supreme CourtDecember 02, 2019
First Circuit Explains How to Avoid Liability for an Underfunded Pension Plan
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
1st CircuitNovember 20, 2019
A Fugitive’s Civil Bankruptcy Appeal Can Be Dismissed, Sometimes
The ‘fugitive disentitlement doctrine’ does not allow a federal court to dismiss an appeal because of a fugitive’s contempt of a state court order, the First Circuit rules.
1st CircuitNovember 19, 2019
Student Loans Discharged in Part, Even Though Debtor Wasn’t Destitute
A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.
9th Circuit, OregonNovember 14, 2019
Seventh Circuit Holds that Parking Tickets and Fines Are Chapter 13 ‘Admin’ Expenses
Appeals courts won’t allow bankruptcy to shield debtors from paying parking tickets and fines incurred in the course of a chapter 13 case.
7th CircuitOctober 28, 2019
Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictSeptember 09, 2019
Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
9th CircuitAugust 12, 2019
In a Bankruptcy Sale, ‘Takings’ Claims Kick in Early
Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.
Federal Circuit