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.
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
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.