If the district court is adjudicating a suit with “related to” jurisdiction under 28 U.S.C. § 1334(b), the district court applies the Bankruptcy Rules, not the Federal Rules, the First Circuit says.
First Circuit BAP explains what lien avoidance does and doesn’t do.
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
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.
Constitutional arguments don’t entitle the creditor to stay relief.
Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.
In the First Circuit, transferring the business or assets isn’t required before confirmation is equitably moot.
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
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.