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Govt. Claims/Sovereign Immunity

Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit

Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.

9th Circuit

Preserving Defensive Setoff Rights Doesn’t Require Filing a Claim, Judge Glenn Says

Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.

2nd Circuit
New York
New York Southern District
Monday, August 5, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
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Thursday, August 1, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
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Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure

Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.

3rd Circuit
New Jersey

BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs

The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).

9th Circuit
Monday, July 15, 2024
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Consumer Bankruptcy
Consumer Debt
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
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Thursday, July 11, 2024
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
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Wednesday, July 10, 2024
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
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
Wednesday, July 3, 2024
Article Tags
Govt. Claims/Sovereign Immunity
SEC Issues
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