106

SCOTUS: Tribal Sovereign Immunity Abrogated Through the Code

Sept 2023

IRS Has No Sovereign Immunity to Bar a Fraudulent Transfer Suit Under Section 544(b)

The circuits are now split 3/1, with the majority finding a waiver of sovereign immunity under Section 544(b)(1) for lawsuits by a trustee based on claims that an actual creditor could not have brought outside of bankruptcy.

Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity

The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.

The Case of Lac du Flambeau Band v. Coughlin at the Supreme Court and the Intersection of Bankruptcy and Sovereign Immunity

Circuit Splits & Hot Topics with Bill Rochelle

Supreme Court Hears Oral Argument on Tribal Sovereign Immunity

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

Circuit Splits and Hot Topics with Bill Rochelle and Friends

Current Events with Bill Rochelle (and Guests!)

First Circuit Says: PROMESA Fiscal Plans Can’t Be Challenged in Federal Court

Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.

Chapter 11 Update