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Govt. Claims/Sovereign Immunity

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

Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS

Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).

9th Circuit

In re Colsen and the Circuit Court Split Defining a Tax “Return”

Jan 2018

Bankruptcy Code
523
Topic Tags
Bankruptcy Litigation
Consumer Bankruptcy
Discharge/Dischargeability
Bankruptcy Taxation
Govt. Claims/Sovereign Immunity

For Kings and Creditors: False Claims Liability in Bankruptcy Cases Filed by Health Care Organizations

Dec 2017

Topic Tags
Claims
Fraudulent Transfers
Govt. Claims/Sovereign Immunity
Health Care

Ninth Circuit Splits with Seventh on Sovereign Immunity and Derivative Suits by a Trustee

Ninth Circuit criticizes the Seventh for making the sovereign immunity waiver meaningless for Section 544(b)(1) suits.

9th Circuit

Stay It Ain’t So: Criminal Restitution in Bankruptcy Cases

Oct 2017

Bankruptcy Code
11 U.S.C. § 362
726
Topic Tags
Automatic Stay
Fraud
Govt. Claims/Sovereign Immunity
Tuesday, July 25, 2017
Article Tags
Mortgage
Govt. Claims/Sovereign Immunity
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Tuesday, July 25, 2017
Article Tags
Govt. Claims/Sovereign Immunity
SEC Issues
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
Tuesday, May 23, 2017
Article Tags
Govt. Claims/Sovereign Immunity
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