Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.