Displaying with Topic Automatic Stay

Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.

5th Circuit, Texas, Texas Southern District

January 25, 2021

Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

9th Circuit, California, California Eastern District

January 21, 2021

The Standards for a Pre-Filing Injunction Against a Vexatious Litigant

The record as a whole and the likelihood of further abuse justify a pre-filing injunction.

2nd Circuit, New York, New York Eastern District

January 18, 2021

Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

11th Circuit, Florida, Florida Middle District

January 14, 2021

Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation

Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.

Supreme Court

January 11, 2021

Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations

Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.

3rd Circuit, Pennsylvania, Pennsylvania Western District

January 08, 2021

Court Narrowly Construes Taggart to Find Contempt of the Discharge Injunction

Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.

11th Circuit, Georgia, Georgia Northern District

Bill Rochelle

EDITOR-AT-LARGE, ABI

@BillRochelle

An insightful writer known for his authoritative take on legal developments affecting bankruptcy practice, Bill Rochelle published for Bloomberg every day from 2007 through 2015.

Prior to his second career in journalism, he practiced bankruptcy law for 35 years, including 17 years as a partner in the New York office of Fulbright & Jaworski LLP.

By The Numbers