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Claims

Three Circuits Agree: The ACA’s ‘Penalty’ Is Actually a Tax Entitled to Priority

Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.

6th Circuit
Monday, August 21, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Covid19
Govt. Claims/Sovereign Immunity
Labor/Employment
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Monday, August 21, 2023
Article Tags
Claims
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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Benchnotes October 2023

Oct 2023

Bankruptcy Code
348
365
507
1123
1124
Topic Tags
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Plan Confirmation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy
Business Reorganization
Commercial Fraud
Finance and Banking
Hospitality, Entertainment Venues and Gaming
Lender Liability

Government Bar Date Applies to DOE Loans Even When the Servicer Is Private

As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.

5th Circuit
Friday, August 18, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
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Thursday, August 17, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, August 17, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, August 17, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
Health Care
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, August 16, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Consumer Bankruptcy
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
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