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Consumer Bankruptcy Legal Update (2020 Paskay Seminar)

Business Bankruptcy Legal Update (2020 Paskay Seminar)

Everything You Need to Know About Attorneys’ Fees and Sanctions in Bankruptcy

Holding a Contempt Hearing May Be Ok, but the Remedy Might Violate Automatic Stay

A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.

Application of Automatic Stay to Post-Petition Medicare Payments Reaffirmed by Bankruptcy Court

Feb 2020

Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay

Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.

Sixth Circuit Gives Primacy to the Bankruptcy Court in Rejecting Power Contracts

Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.

Fifth Circuit Creates a Circuit Split on Stay Termination for Repeat Filers

Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.

Fraudulent Schemes Involving Real Estate

WrestleMania: Who Wins When Consumer Protection Statutes Take On the Bankruptcy Code?