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Venue/Jurisdiction

Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
Court: 
3rd Circuit›Pennsylvania›Pennsylvania Western District

Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says

Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
Court: 
5th Circuit

A 362(k) Claim May Be Brought Without Reopening the Bankruptcy, Circuit Says

Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.
Court: 
3rd Circuit

Supreme Court Hears Argument on Constitutionality of Puerto Rico’s Debt Restructuring

The justices recognized the practical effects of the decision they will make on Puerto Rico and precedent that could undermine the governance of territories and Washington, D.C.
Court: 
Supreme Court

Failure to Raise a Stern Objection Violates a Lawyer’s Standard of Care

The lawyer whose waiver led to Wellness International avoided malpractice by the skin of his teeth.
Court: 
7th Circuit›Illinois›Illinois Northern District

Proceedings for Contempt Discharge Held Not Subject to Arbitration

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
Court: 
11th Circuit›Florida›Florida Middle District

Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims

W.R. Grace makes more law on channeling injunctions.
Court: 
3rd Circuit›Delaware

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