November 22, 2017

Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic

Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.

10th Circuit

October 25, 2017

Section 1326(a)(2) Overrides a Levy Under State Law

On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.

4th Circuit, Virginia

October 19, 2017

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

2nd Circuit, New York, New York Southern District

September 12, 2017

Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation

Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

September 08, 2017

PROMESA Didn’t Enjoin Damages Suit Against Puerto Rico Government Official

Courts are reluctant to employ PROMESA as a shield against suits involving government administration.

1st Circuit, Puerto Rico

August 29, 2017

Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

August 25, 2017

No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says

Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.

8th Circuit

August 03, 2017

Russian Bankruptcy Given Chapter 15 Recognition Despite Allegations of Corruption

‘Disinterestedness’ doesn’t apply to a foreign representative in chapter 15.

2nd Circuit, New York, New York Southern District

July 20, 2017

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

5th Circuit

July 18, 2017

Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA

The automatic stay as applied might sometimes deny constitutional equal protection, judge says.

1st Circuit, Puerto Rico