Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue
Chapter 11 committees achieve standing more readily than chapter 13 debtors.
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‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement
Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.
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Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA
The automatic stay as applied might sometimes deny constitutional equal protection, judge says.
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Automatic Stay Does Not Enjoin Criminal Habeas Petitions
Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.
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Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes
Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.
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Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds
First Circuit narrowly interprets ‘arising in’ jurisdiction.
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In Dischargeability, No Disclosure Required if Not Requested
Sometimes, failure to disclose material facts is not misleading.
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First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court
Circuit court bars lawsuit by one Puerto Rico bondholder group against another.
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For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.
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Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute
Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.
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