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Greenberg Glusker LLP

Sovereign Immunity and Younger Abstention Doctrine Don’t Protect States from Antidiscrimination Provisions

Greenberg Glusker LLP on

The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has held for the first time that neither sovereign immunity nor the Younger abstention doctrine constrain bankruptcy courts from enjoining State governmental disciplinary...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim

Patterson Belknap Webb & Tyler LLP on

Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in property” that an unsecured creditor could avoid under applicable state...more

Mintz - Bankruptcy & Restructuring Viewpoints

SCOTUS Bankruptcy Decision Roundup

Mintz - Bankruptcy & Restructuring Viewpoints on

On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,...more

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