Second Circuit Updates with Bill Rochelle
Bill Rochelle’s Top 10 Daily Wires
Supreme Court Holds: § 106(a) Doesn’t Waive Sovereign Immunity for § 544(b) Suits
In an 8-1 opinion, the Supreme Court holds that the waiver of sovereign immunity under Section 106(a) does not extend to suits brought by a trustee under state law standing in the shoes of an actual creditor.
Court:
Class Actions: The Answer for Stay Violations with Small Damages for Each Debtor
A class action in Chicago will decide whether bankruptcy judges have the tools to rectify a single creditor’s violation of the rights of similarly situated debtors.
Supreme Court Hears Argument on Allowing a Trustee to Sue the IRS for Fraudulent Transfers
Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).
Court:
Case Law Updates
Supreme Court Round-Up
Please sign in to access Materials or click here to join ABI.