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Bankruptcy Automatic Stay: Tribal Sovereign Immunity Abrogated

First Circuit - Coughlin v. Lac Du Flambeau Band of Lake Superior Chippewa Indians - The issue was whether tribal sovereign immunity protected the tribal lender from the automatic stay. On May 6, 2022, the First Circuit...more

SBA Clarifies PPP Loans and Bankruptcy

Since the first round of Paycheck Protection Program (PPP) loans, there has been confusion regarding eligibility for businesses or owners associated with bankruptcy. This resulted in substantial litigation between debtors in...more

House Harvests Increase in Farmer Eligibility for Bankruptcy – Senate Sows Seeds to Match

On July 26, 2019, the U.S. House of Representatives passed H.R. 2336, the Family Farmer Relief Act of 2019.  The primary purpose of the bill, sponsored by Rep. Anthony Delgado (D-NY), is to increase the debt limit for filing...more

Naked Liens – Stripping Prohibited

In June, the US Supreme Court decided the case of debtors in bankruptcy desirous of stripping off a lender’s real estate lien that was fully in excess of the fair market value of the real estate. The Supreme Court unanimously...more

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