Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
Restitution payment does not qualify for the new value preference defense.