Medicaid Fraud Suit in State Court Isn’t Subject to the Automatic Stay
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.
Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.
Judge Calls Venezuela’s $1 Billion Nonpayment to Creditor an Affront to U.S. Courts
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Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
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Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
A Zombie Was Sufficiently Alive to Make Affiliates Liable for ERISA Underfunding
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
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Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes
Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.
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California’s 40-Year-Old Tax Revolt Survives a Counterattack
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California Loses Last-Ditch Effort to Force Exide to Deal with Toxic Legacy
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On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge 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.
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