January 21, 2022
Can a state law properly decree when a debtor’s property drops out of the estate?
11th Circuit
December 11, 2021
Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.
7th Circuit, Illinois, Illinois Northern District
December 06, 2021
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
6th Circuit, Ohio, Ohio Southern District
December 03, 2021
Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.
9th Circuit
December 02, 2021
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
9th Circuit
December 01, 2021
In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.
9th Circuit
November 29, 2021
Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.
9th Circuit
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
11th Circuit
October 28, 2021
The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
9th Circuit
