July 03, 2019

Supreme Court Denied ‘Cert.’ on Termination of Retiree Benefits

The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.

Supreme Court

May 14, 2019

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

5th Circuit

April 01, 2019

Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal

Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.

11th Circuit, Florida, Florida Southern District

January 07, 2019

Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

11th Circuit

July 03, 2018

Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules

Compensation for brain injury is a disability payment, not payment on a tort claim.

11th Circuit, Florida, Florida Southern District

April 10, 2018

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

4th Circuit, North Carolina, North Carolina Eastern District

February 15, 2018

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.

5th Circuit, Louisiana, Louisiana Eastern District

September 21, 2017

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit, New York, New York Southern District

May 18, 2017

Sale of a Nonoperating Hospital Doesn’t Require State Approval

Attorney General’s oversight was avoided by shutting down a nonprofit hospital.

9th Circuit, California, California Central District

March 16, 2017

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

6th Circuit, Tennessee, Tennessee Middle District