May 28, 2021
Circuit Judge Ambro generously interprets Katz to mean that ratification of the Constitution waived state sovereign immunity broadly for suits to augment a bankrupt estate.
April 28, 2021
The appeals court reviews the ‘totality of the circumstances’ when government action has elements of both regulatory enforcement and furtherance of the state’s pecuniary interest.
April 14, 2021
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.
March 22, 2021
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
March 17, 2021
Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.
February 18, 2021
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
February 3, 2021
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.
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.