1st Circuit

In ‘Related To’ Jurisdiction, District Court Applies the Bankruptcy Rules, Circuit Says

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.

Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt

First Circuit BAP explains what lien avoidance does and doesn’t do.

Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans

Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.

Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says

First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.

First Circuit Liberally Interprets the Police and Regulatory Stay Exception

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.

Equitable Mootness Doesn’t Violate Due Process, First Circuit Says

Constitutional arguments don’t entitle the creditor to stay relief.

Tempnology Didn’t Undercut the Validity of Equitable Mootness, First Circuit Says

Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.

Absent a Stay, Making Plan Payments for Two Years Renders an Appeal Equitably Moot

In the First Circuit, transferring the business or assets isn’t required before confirmation is equitably moot.

Court of Claims Rebuffs Puerto Rico Bondholders’ Claims of Unconstitutional Takings

Cutting off post-petition liens under PROMESA did not violate the Takings Clause.

On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says

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.