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.
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.