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Govt. Claims/Sovereign Immunity

A Zombie Was Sufficiently Alive to Make Affiliates Liable for ERISA Underfunding

The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.

11th Circuit

Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes

Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.

10th Circuit
New Mexico
Wednesday, November 11, 2020
Article Tags
Bankruptcy Taxation
Govt. Claims/Sovereign Immunity
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Friday, October 23, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Govt. Claims/Sovereign Immunity
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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

When Pension Payments Are Statutory, Not Contractual

Dec 2020

Bankruptcy Code
101
109
11 U.S.C. § 365
959
Topic Tags
Certification
Govt. Claims/Sovereign Immunity
Municipal Bankruptcy

A Gaming License Isn’t ‘Property’ and Thus Can’t Be Fraudulently Transferred

A gaming license in Pennsylvania is a revocable ‘privilege.’

3rd Circuit
Pennsylvania
Pennsylvania Eastern District

Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard

Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.

9th Circuit

University Medical Unscathed After Denby-Peterson, Delaware District Judge Says

The government lost a winnable appeal by failing to present evidence in bankruptcy court.

3rd Circuit
Delaware
Friday, July 31, 2020
Article Tags
Consumer Debt
Finance and Banking
Govt. Claims/Sovereign Immunity
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