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ABI Journal

January 30, 2018

Second Circuit approves a stay-violation defense in a nonprecedential opinion.

January 23, 2018

California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.

January 22, 2018

Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.

January 18, 2018

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.

December 22, 2017

Windy City plunges into the circuit split on inaction as a violation of the automatic stay.

December 21, 2017

Another court rules on automatic removal of property from the estate under state law.
Another court rules on automatic removal of property from the estate under state law.

December 15, 2017

‘Stay and pay’ may not be permissible, but the remedies can be toothless.

December 13, 2017

Split decision allows a lender to take property out of an estate automatically.

December 07, 2017

Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.