Govt. Claims/Sovereign Immunity

It’s Virtually Impossible to Waive Discharge as an Affirmative Defense, Judge Tucker Says

Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.

Court Halts States’ Police and Regulatory Suits against Non-Debtor Johnson & Johnson

In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.

Bankruptcy Judge Finds Liability for a Municipality’s Denial of Due Process Rights

A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.

Sixth Circuit Defines Res Judicata Liberally

Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.

First Circuit BAP Limits the Student Loan ‘Borrower Defense’

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.

Sometimes, a Federal Tax Lien Will Never Be Enforceable in Bankruptcy

Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.