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Govt. Claims/Sovereign Immunity

First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.

1st Circuit

New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.

3rd Circuit
Delaware
Wednesday, May 9, 2018
Article Tags
Govt. Claims/Sovereign Immunity
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Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

4th Circuit
North Carolina
North Carolina Eastern District

Federal and State Oversight of SNFs: What Happens at the Point of Enforcement?

May 2018

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Executory Contracts/Leases
Govt. Claims/Sovereign Immunity
Health Care

Oil and Gas Decommissioning: At Whose Expense?

April 2018

Bankruptcy Code
11 U.S.C. § 365
503
507
554
1129
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Financial Advisors
Plan Confirmation
Practice and Procedure
Business Reorganization
Finance and Banking
Govt. Claims/Sovereign Immunity
Investment Banking
Public Companies and Claims Trading
Small Business
Turnaround Issues
Unsecured Trade Creditors

The Dischargeability of Unpaid WCI Premiums

April 2018

Bankruptcy Code
507
523
Topic Tags
Discharge/Dischargeability
Govt. Claims/Sovereign Immunity
Insurance
Labor/Employment

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.

5th Circuit
Louisiana
Louisiana Eastern District

CFPB Suit in District Court Immune from Transfer to Bankruptcy Court

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

9th Circuit
Montana

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

6th Circuit
Michigan
Michigan Eastern District
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