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

September 12, 2018

Major Automatic Stay Issue Inches Toward the Supreme Court

Chicago parking ticket cases to be resolved in the Seventh Circuit.

7th Circuit, Illinois, Illinois Northern District

September 11, 2018

Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition

BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.

9th Circuit

September 04, 2018

Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).

9th Circuit

August 17, 2018

Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing

Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.

7th Circuit, Illinois, Illinois Northern District

August 10, 2018

First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple

Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.

1st Circuit

July 30, 2018

A Convert Joins the Minority Interpretation of the Repeat-Filing Stay Termination

Bankruptcy Judge Colleen A. Brown of Burlington, Vt., changes her position on Section 362(c)(3)(A).

2nd Circuit, Vermont

July 24, 2018

Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine

Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.

6th Circuit

June 22, 2018

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

6th Circuit, Michigan, Michigan Eastern District

June 21, 2018

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

9th Circuit