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Govt. Claims/Sovereign Immunity

Thursday, April 9, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Airlines
Business Reorganization
Govt. Claims/Sovereign Immunity
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Delaware District Court Upholds Discharge of Environmental Fines in Chapter 11

Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.

3rd Circuit
Delaware

Supreme Court Explains Sovereign Immunity in Bankruptcy Cases

The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.

Supreme Court

Indebted to the Agency: What to Do When Social Security Is Your Creditor

June 2020

Bankruptcy Code
106
11 U.S.C. § 362
507
523
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Govt. Claims/Sovereign Immunity
Health Care

Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim

The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).

5th Circuit
Monday, March 9, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Govt. Claims/Sovereign Immunity
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

To Avoid U.S. Trustee Fees, Court Liberally Allows Closing a Case After Confirmation

Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.

2nd Circuit
Connecticut

Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation

Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.

5th Circuit
Thursday, February 27, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Govt. Claims/Sovereign Immunity
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

Supreme Court Uses a Bankruptcy Case to Limit the Use of Federal Common Law

High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.

Supreme Court
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