Bankruptcy Judge Finds Liability for a Municipality’s Denial of Due Process Rights
A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.
Idaho Health Data Exchange Files for Bankruptcy, with $4 Million Owed to Creditors
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Prosecutors Struggle to Catch Up to a Tidal Wave of Pandemic Fraud
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Sixth Circuit Defines Res Judicata Liberally
Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.
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First Circuit BAP Limits the Student Loan ‘Borrower Defense’
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
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Sometimes, a Federal Tax Lien Will Never Be Enforceable in Bankruptcy
Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.
First Circuit Majority Says Sovereign Immunity Abrogated as to the Puerto Rico Oversight Board
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
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Two Circuits Now Give Priority Status to Obamacare’s Individual Mandate Penalty
The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.
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Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
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