Shrinking Safe Harbors and Expanding UFTA Immunity?
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Govt. Claims/Sovereign Immunity
Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines
The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.
Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says
Courts are divided when an exemption claim collides with the government’s right of setoff.
Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation
Ninth Circuit splits with the First on the interpretation of Section 106(a).
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The Role of Governmental Agencies in Chapter 11 Cases
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Two Circuits Agree on When Social Security Benefits Accrue
The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.
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Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
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New Hampshire Fights Supreme Court Sales-Tax Ruling
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First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
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New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
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