Govt. Claims/Sovereign Immunity
Courts are divided when an exemption claim collides with the government’s right of setoff.
Ninth Circuit splits with the First on the interpretation of Section 106(a).
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.
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.