November 08, 2018

New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.

3rd Circuit, New Jersey

November 07, 2018

Invocation of Rooker-Feldman Requires Finality in the State Court Judgment

Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.

11th Circuit

November 05, 2018

Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy

A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.

11th Circuit, Georgia, Georgia Northern District

October 25, 2018

Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent

Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.

October 24, 2018

Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’

Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.

Supreme Court

October 18, 2018

Sixth Circuit Pronounces a Two-Prong Test to Determine ‘Finality’

Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.

6th Circuit

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

10th Circuit

October 16, 2018

Debtor Allowed to Convert from Chapter 12 to Chapter 11

Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.

5th Circuit, Texas, Texas Northern District

October 10, 2018

Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay

A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.

11th Circuit, Georgia, Georgia Southern District

October 02, 2018

Status Report on the Supreme Court

Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.

Supreme Court