August 8, 2022
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
July 21, 2022
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
May 24, 2022
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
May 23, 2022
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
May 10, 2022
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
May 5, 2022
Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.
August 19, 2021
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
August 16, 2021
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
July 23, 2021
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
June 7, 2021
If the district court is adjudicating a suit with “related to” jurisdiction under 28 U.S.C. § 1334(b), the district court applies the Bankruptcy Rules, not the Federal Rules, the First Circuit says.