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ABI Journal

Govt. Claims/Sovereign Immunity

ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration

With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.

3rd Circuit
Delaware
06
July
2025
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Business Reorganization
Govt. Claims/Sovereign Immunity
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
06
July
2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
Govt. Claims/Sovereign Immunity
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
06
July
2025
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Consumer Bankruptcy
Consumer Debt
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
06
July
2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Longstanding Debate: Touhy Regulations vs. the FRCP

April 2024

Topic Tags
Bankruptcy Litigation
Practice and Procedure
Venue/Jurisdiction
Govt. Claims/Sovereign Immunity
06
July
2025
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Bankruptcy Code
101
105
109
505
543
547
1104
1112
1307
1325
544
Topics
Business Reorganization
Govt. Claims/Sovereign Immunity

No Condemnation When Government Takes Over Property to Prevent Public Injury

No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.

3rd Circuit
Delaware
A Bankruptcy Case’s Effect on Matters Before at State Court

Feb 2024

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Bankruptcy Litigation
Venue/Jurisdiction
Govt. Claims/Sovereign Immunity
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