September 14, 2023
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
August 30, 2023
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
March 3, 2023
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
March 1, 2023
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
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.