Govt. Claims/Sovereign Immunity
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.
Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?