Rochelle's Daily Wire

ABI Exclusive

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.

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