December 23, 2020
Automatic Stay Applies Automatically to the Archbishop of a Bankrupt Archdiocese
Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’
10th Circuit, New MexicoDecember 02, 2020
New York’s High Court Splits on Federal Preemption of Tortious Interference Claims
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
2nd Circuit, New YorkNovember 27, 2020
The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
9th CircuitNovember 20, 2020
Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictNovember 05, 2020
Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
9th CircuitOctober 23, 2020
Detroit Judge Criticizes the Second Circuit’s Tribune Decision on the Safe Harbor
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
6th Circuit, Michigan, Michigan Eastern DistrictOctober 13, 2020
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Supreme CourtOctober 13, 2020
Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
4th Circuit, North Carolina, North Carolina Western DistrictOctober 07, 2020
‘Fair Ground of Doubt’ Under Taggart Isn’t Shown by Intending to Overturn Precedent
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
10th Circuit, ColoradoOctober 06, 2020
First Circuit Won’t Allow a Lien to Be Waived by Implication
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
1st Circuit