Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor. Read more about Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds. Judge Name - Do not use it. Guy R. Humphrey Read more about A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
Filed and Unfiled Claims Not Aggregated for Chapter 12 Eligibility, BAP Holds Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility. Judge Name - Do not use it. Guy R. Humphrey Read more about Filed and Unfiled Claims Not Aggregated for Chapter 12 Eligibility, BAP Holds
Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure Unperfected mortgage can be perfected after discharge, BAP implies. Judge Name - Do not use it. Guy R. Humphrey, Tracey N. Wise Read more about Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure
Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity Involuntary debtor wins on one equitable principle, only to lose on another. Judge Name - Do not use it. Guy R. Humphrey Read more about Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity
Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13 Rule 3002(c) has the only permissible grounds for allowing a late claim. Judge Name - Do not use it. Guy R. Humphrey Read more about Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13