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Govt. Claims/Sovereign Immunity

Delaware District Court Upholds Discharge of Environmental Fines in Chapter 11

Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
Court: 
3rd Circuit›Delaware

Supreme Court Explains Sovereign Immunity in Bankruptcy Cases

The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.
Court: 
Supreme Court

Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim

The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).
Court: 
5th Circuit

To Avoid U.S. Trustee Fees, Court Liberally Allows Closing a Case After Confirmation

Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.
Court: 
2nd Circuit›Connecticut

Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation

Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.
Court: 
5th Circuit

Supreme Court Uses a Bankruptcy Case to Limit the Use of Federal Common Law

High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.
Court: 
Supreme Court

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