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 6, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
August 4, 2020
Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.
June 10, 2020
Courts are divided on whether PPP litigation is ‘core’ or not.
May 28, 2020
The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.
April 22, 2020
District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.
April 13, 2020
The value of a disputed claim is proven by showing the likely validity of the claim and the likelihood of recovery, not just by establishing the possible damages.
April 6, 2020
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
March 30, 2020
The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.
February 7, 2020
First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.