January 14, 2021
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
January 11, 2021
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
December 1, 2020
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
November 18, 2020
Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.
October 22, 2020
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
October 9, 2020
A gaming license in Pennsylvania is a revocable ‘privilege.’
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
September 14, 2020
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
3rd Circuit , Delaware ,
July 30, 2020
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
3rd Circuit , Delaware ,
July 27, 2020
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.