Govt. Claims/Sovereign Immunity

Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

Dealing with Government Agencies in Chapter 11 (SEC, IRS, PBGC, FCC and UST)

A Solution for Future Claims, Notice Issues and “Unpaid” Plans

Jan 2019

Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines

The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.

A Little Short on the Rent: Louisiana’s Bankruptcy Dilemma

Jan 2019

Shrinking Safe Harbors and Expanding UFTA Immunity?

Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says

Courts are divided when an exemption claim collides with the government’s right of setoff.

Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).

The Role of Governmental Agencies in Chapter 11 Cases

Two Circuits Agree on When Social Security Benefits Accrue

The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.