Skip to main content
ABI Journal

October 19, 2022

It’s Virtually Impossible to Waive Discharge as an Affirmative Defense, Judge Tucker Says

Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.

6th Circuit, Michigan, Michigan Eastern District

October 11, 2022

Court Halts States’ Police and Regulatory Suits against Non-Debtor Johnson & Johnson

In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.

3rd Circuit, New Jersey

August 25, 2022

Bankruptcy Judge Finds Liability for a Municipality’s Denial of Due Process Rights

A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.

2nd Circuit, New York, New York Eastern District

August 15, 2022

Sixth Circuit Defines Res Judicata Liberally

Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.

6th Circuit

August 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 Circuit

July 29, 2022

Sometimes, a Federal Tax Lien Will Never Be Enforceable in Bankruptcy

Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.

6th Circuit, Tennessee, Tennessee Western District

May 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 Circuit

May 18, 2022

Two Circuits Now Give Priority Status to Obamacare’s Individual Mandate Penalty

The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.

3rd Circuit

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 Circuit

May 02, 2022

Liens on Impounded Cars Are Judicial Liens that May Be Avoided, Seventh Circuit Says

The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.

7th Circuit