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Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

Judge Name - Do not use it.

Richard A. Griffin, Eric L. Clay, Jack Zouhary

Bankruptcy Code

Topics

International Insolvency

Bankruptcy Code

Topics

Business Reorganization

Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says

Courts are divided when an exemption claim collides with the government’s right of setoff.

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M. Hannah Lauck

Bankruptcy Code

Topics

Business Reorganization

Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity

A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.

Judge Name - Do not use it.

Christopher S. Sontchi

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

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Laurel M. Isicoff

Bankruptcy Code

Topics

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

Judge Name - Do not use it.

Paul D. Borman

Bankruptcy Code

Topics

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