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.
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:
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:
Supreme Court Hears Argument on Constitutionality of Puerto Rico’s Debt Restructuring
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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:
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.
H.R. 4421, the "Bankruptcy Venue Reform Act of 2019"
To amend title 28, United States Code, to modify venue requirements relating to bankruptcy proceedings.
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.
ABI Talks (2019 Midwestern Bankruptcy Institute)
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