Equitable Mootness Doesn’t Violate Due Process, First Circuit Says
Constitutional arguments don’t entitle the creditor to stay relief.
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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.
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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.
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Court of Claims Rebuffs Puerto Rico Bondholders’ Claims of Unconstitutional Takings
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
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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.
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First Circuit Won’t Allow a Lien to Be Waived by Implication
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
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Asset Exempt in Chapter 13 Retains the Exemption After Conversion, First Circuit Says
Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.
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Last Week, the Government Went 2 for 3 in Defeating Debtor’s Demands for PPP Loans
Courts are divided on whether PPP litigation is ‘core’ or not.
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BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account
The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.
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‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board
District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.
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