Displaying with Topic Automatic Stay | ABI

April 19, 2017

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

April 12, 2017

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

April 06, 2017

First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court

Circuit court bars lawsuit by one Puerto Rico bondholder group against another.

April 05, 2017

Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit

No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.

April 03, 2017

State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable

Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.

March 30, 2017

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit, New York, New York Southern District

March 24, 2017

New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination

Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).

2nd Circuit, New York, New York Eastern District

March 16, 2017

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

6th Circuit, Tennessee, Tennessee Middle District

March 13, 2017

Ninth Circuit Prohibition on Third-Party Injunctions Is Inapplicable in Chapter 9

Third-party injunctions in chapter 9 must be a financial necessity, judge says.

9th Circuit, California

March 10, 2017

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.