Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says
Sarbanes-Oxley nails securities fraudsters who file bankruptcy.
Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed
New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.
Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9
Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.
Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?
Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.
State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees
California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.
Pending Circuit Court Appeals to Mold Consumer and ‘Reorg’ Bankruptcy Law
En banc rehearings headline upcoming circuit court decisions.