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Bankruptcy Code

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

International Insolvency

Municipal Bankruptcy

Turnaround Issues

On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says

Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

Journal Issue

Bankruptcy Code

11 U.S.C. § 362

Bankruptcy Rule

none

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Discharge/Dischargeability

Govt. Claims/Sovereign Immunity

Bankruptcy Code

Topics

Consumer Bankruptcy

Bankruptcy Code

Topics

Fraudulent Transfers

Bankruptcy Code

Topics

Consumer Bankruptcy

Business Reorganization

International Insolvency

Municipal Bankruptcy

Bankruptcy Code

Topics

Consumer Bankruptcy

Sovereign Immunity Doesn’t Insulate States from Lien Stripping

For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.

Judge Name - Do not use it.

Gregory T. Taddonio

Journal Issue

Bankruptcy Code

11 U.S.C. § 548

Bankruptcy Rule

none

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Creditors' Committee

Fraudulent Transfers

Plan Confirmation

Practice and Procedure

Venue/Jurisdiction

Consumer Bankruptcy

Business Reorganization

Govt. Claims/Sovereign Immunity

Unsecured Trade Creditors

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