Govt. Claims/Sovereign Immunity
Courts are divided on whether the district court loses jurisdiction to stay proceedings in bankruptcy court after the filing of a notice of appeal.
A debtor with a law degree but only $37,500 in gross annual income was permitted to discharge more than $220,000 in student loans.
Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.
Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company