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ABI Journal

1st Circuit

Equitable Mootness Doesn’t Violate Due Process, First Circuit Says

Constitutional arguments don’t entitle the creditor to stay relief.

1st Circuit

Tempnology Didn’t Undercut the Validity of Equitable Mootness, First Circuit Says

Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.

1st Circuit

Absent a Stay, Making Plan Payments for Two Years Renders an Appeal Equitably Moot

In the First Circuit, transferring the business or assets isn’t required before confirmation is equitably moot.

1st Circuit

Court of Claims Rebuffs Puerto Rico Bondholders’ Claims of Unconstitutional Takings

Cutting off post-petition liens under PROMESA did not violate the Takings Clause.

1st Circuit

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.

1st Circuit
Massachusetts

First Circuit Won’t Allow a Lien to Be Waived by Implication

Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.

1st Circuit

Asset Exempt in Chapter 13 Retains the Exemption After Conversion, First Circuit Says

Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.

1st Circuit

Last Week, the Government Went 2 for 3 in Defeating Debtor’s Demands for PPP Loans

Courts are divided on whether PPP litigation is ‘core’ or not.

1st Circuit
Maine

BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account

The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.

1st Circuit

‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board

District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.

1st Circuit
Puerto Rico
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