May 12, 2021

Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy

At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.

2nd Circuit, New York, New York Eastern District

May 07, 2021

Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation

Harassing a former lover isn’t an automatic stay violation.

11th Circuit, Florida, Florida Middle District

May 06, 2021

On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

10th Circuit

April 28, 2021

First Circuit Liberally Interprets the Police and Regulatory Stay Exception

The appeals court reviews the ‘totality of the circumstances’ when government action has elements of both regulatory enforcement and furtherance of the state’s pecuniary interest.

1st Circuit

April 20, 2021

Discharge May Be Enforced in Another District, Brooklyn Judge Says

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

2nd Circuit, New York, New York Eastern District

April 15, 2021

Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).

7th Circuit

April 13, 2021

Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

11th Circuit, Alabama, Alabama Middle District

March 29, 2021

Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay

Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.

3rd Circuit, Pennsylvania, Pennsylvania Western District

March 26, 2021

Seventh Circuit Primed to Take on a Circuit Split on Automatic Stay Termination

District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.

7th Circuit, Indiana, Indiana Northern District

March 16, 2021

Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision

Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.

Supreme Court