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Govt. Claims/Sovereign Immunity

When a Guarantee Is Not a Grant: Springfield Hosp. v. Guzman

May 2023

Bankruptcy Code
525
Topic Tags
Legislation
Covid19
Govt. Claims/Sovereign Immunity
Health Care

Working with Multistate Coalitions in Bankruptcy

June 2023

Topic Tags
Alternative Dispute Resolution
Claims
Bankruptcy Litigation
Ethics
Plan Confirmation
Practice and Procedure
Business Reorganization
Commercial Fraud
Govt. Claims/Sovereign Immunity
SEC Issues

The Role of Federal and State Regulators in Crypto Bankruptcies

May 2023

Bankruptcy Code
15
11
municipalities and state governments
Topic Tags
Claims
Business Reorganization
Finance and Banking
Govt. Claims/Sovereign Immunity
International Insolvency
Telecom/Tech

Another Court Won’t Permit a Structured Sale to Eradicate a Homestead Exemption

Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.

4th Circuit
North Carolina
North Carolina Western District

New Rules, Regulations and Guidance Affect Reorganizations of Critical Infrastructure Entities

April 2023

Topic Tags
Ethics
Practice and Procedure
Business Reorganization
Finance and Banking
Govt. Claims/Sovereign Immunity
Health Care
Municipal Bankruptcy
Public Companies and Claims Trading
Small Business
Telecom/Tech

Fourth and Third Circuits Give Priority to Obamacare’s Individual Mandate Penalty

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.

4th Circuit

When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy

March 2023

Bankruptcy Code
301
704
707
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Consumer Debt
Govt. Claims/Sovereign Immunity

Supreme Court to Hear Two More Bankruptcy Cases This Term

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Supreme Court
Tuesday, January 17, 2023
Article Tags
Court Administration
Govt. Claims/Sovereign Immunity
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Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property

The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.

9th Circuit
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