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ABI Journal

106

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.

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

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

‘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.

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

Topics

Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS

Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).