Govt. Claims/Sovereign Immunity

Bankruptcy and State Law: Like Oil and Water?

Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.

ABI Talks (2019 Midwestern Bankruptcy Institute)

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

Cannabis and Bankruptcy: The Impermissible Contact High

In a Bankruptcy Sale, ‘Takings’ Claims Kick in Early

Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.

Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

Fifth Circuit Makes Student Loans Even More Difficult to Discharge

Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.