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Govt. Claims/Sovereign Immunity

Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
Court: 
Supreme Court

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
Court: 
5th Circuit

San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements

Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
Court: 
9th Circuit›California›California Northern District

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
Court: 
5th Circuit

Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says

Fifth Circuit in substance says that state law overcomes the Bankruptcy Code’s broad definition of who’s a creditor entitled to notice.
Court: 
5th Circuit

Sovereign Immunity Doesn’t Insulate States from Lien Stripping

For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Court: 
3rd Circuit›Pennsylvania›Pennsylvania Western District

‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules

Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.
Court: 
4th Circuit›West Virginia›West Virginia Southern District

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