October 14, 2021
Refusing to Release an Attachment After Filing Is No Stay Violation Following Fulton
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
3rd Circuit, Pennsylvania, Pennsylvania Middle DistrictSeptember 22, 2021
Third Circuit Makes More Rules on the Proper Scope of Asbestos Channeling Injunctions
The Third Circuit made more rules to decide whether an insurance company can be insulated from failure-to-warn claims by the channeling injunction in a chapter 11 ‘asbestos’ plan.
3rd CircuitSeptember 16, 2021
Good Faith Is No Defense to an Allegedly Willful Stay Violation, Third Circuit Says
Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.
3rd CircuitSeptember 13, 2021
Pawn Loans May Be Modified in Chapter 13 if There Wasn’t a Default Before Filing
Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.
11th CircuitAugust 09, 2021
‘Cert’ Petitions Raise Equitable Mootness and Federal Preemption in the Supreme Court
‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.
Supreme CourtJune 30, 2021
Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay
Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.
9th CircuitJune 29, 2021
Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
Supreme CourtJune 04, 2021
Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
4th Circuit, MarylandJune 03, 2021
Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt
First Circuit BAP explains what lien avoidance does and doesn’t do.
1st CircuitMay 18, 2021
Courts Split on Whether Suits in Bankruptcy Court Can Violate the Automatic Stay
A minority of courts hold that a suit in bankruptcy court can violate the automatic stay if based on a claim that could have been brought before bankruptcy and did not arise under the Bankruptcy Code.
10th Circuit, New Mexico