October 25, 2016

Sovereign Immunity Insulates Government from Emotional Distress Claims

Section 106’s sovereign immunity waiver is not clear enough for emotional distress claims.

October 18, 2016

Government’s Common Law Fraud Suit Excepted from Automatic Stay

Automatic stay nonetheless may preclude collecting judgment from estate property.

4th Circuit, North Carolina, North Carolina Eastern District

September 29, 2016

Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal

Rabbinical court was barred from attaching an injunction under the First Amendment.

2nd Circuit, New York, New York Southern District

September 27, 2016

Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims

Discharge was no bar to claims not recognized until after bankruptcy.

2nd Circuit, New York, New York Eastern District

September 23, 2016

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

2nd Circuit, New York, New York Southern District

September 22, 2016

Civil Rights Suit Enjoined by Automatic Stay in Municipal Bankruptcy

District court says bankruptcy court can issue injunction to halt civil rights violation by police.

9th Circuit, California, California Central District

August 30, 2016

Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers

For serial filers, automatic stay held to terminate only on the debtor’s property.

11th Circuit, Alabama, Alabama Middle District

August 26, 2016

Bondholders’ Lawsuit Enjoined by the Automatic Stay in PROMESA

Puerto Rico judge rejects constitutional attack on portions of PROMESA.

1st Circuit, Puerto Rico

August 17, 2016

Violating the Automatic Stay Isn’t Contempt Without Intent

Intentional tort concepts imposed on proceedings for contempt of the automatic stay.

2nd Circuit, New York, New York Eastern District

August 16, 2016

Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment

Try garnishment, not contempt, to collect support from a chapter 13 debtor.

11th Circuit, Georgia, Georgia Southern District