Govt. Claims/Sovereign Immunity
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
Fifth Circuit in substance says that state law overcomes the Bankruptcy Code’s broad definition of who’s a creditor entitled to notice.
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.