October 01, 2021
There can be no question about whether the beneficiary of a surety bond has been ‘paid in full’ before the surety has subrogation rights.
3rd Circuit
September 20, 2021
The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.
10th Circuit, Utah
September 10, 2021
Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.
2nd Circuit, New York, New York Southern District
July 02, 2021
In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.
3rd Circuit
May 28, 2021
Circuit Judge Ambro generously interprets Katz to mean that ratification of the Constitution waived state sovereign immunity broadly for suits to augment a bankrupt estate.
3rd Circuit
April 28, 2021
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
April 14, 2021
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.
4th Circuit
