Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity
The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.
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The Case of Lac du Flambeau Band v. Coughlin at the Supreme Court and the Intersection of Bankruptcy and Sovereign Immunity
Second Circuit Reverses, Reinstates Purdue’s Nondebtor, Third-Party Releases
The concurring opinion, which is really a dissent, urges the Supreme Court to grant certiorari and resolve the split of circuits on nondebtor releases.
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Supreme Court Holds that Real Estate Tax Foreclosures Can Violate the Takings Clause
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
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Supreme Court Holds that PROMESA Didn’t Waive Puerto Rico’s Sovereign Immunity
The Supreme Court ducked the question of whether Puerto Rico and other U.S. territories are entitled to Eleventh Amendment sovereign immunity just like states.
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Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief
Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.
Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?
Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.
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Analysis: Supreme Court Hears Oral Argument on Tribal Sovereign Immunity
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Supreme Court Hears Oral Argument on Tribal Sovereign Immunity
It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.
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Highland Park Mayor Asks Whitmer to Approve Municipal Bankruptcy Over $19 Million Water, Sewage Debt
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