Automatic Stay

Lack of a Common Plan or Scheme Means It Isn’t Single Asset Real Estate

A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.

Chapter 11 Restructurings of Latin American Energy Companies

July 2023

Ultimate Success of the J&J Subsidiary’s Second ‘Talc’ Bankruptcy Is Up in the Air

The bankruptcy judge only gave nondebtor J&J companies a more limited stay in the second LTL chapter 11 case.

A Writ of Possession Doesn’t Terminate a Lease or Preclude Assumption

A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.

Failing to File a Claim Has Dire Consequences for a Secured Creditor

A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.

A Statement ‘For Informational Purposes’ Can Still Be a Stay Violation, BAP Says

A BAP strictly enforced the stay against a mortgage servicer who improperly listed a pre-petition debt in the portion of the monthly statement showing the next post-petition payment.

Circuit Splits and Hot Topics with Bill Rochelle and Friends

Notification of Bankruptcy Requires Lifting Garnishment of Post-Petition Income

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

Critically Thinking About Your Critical-Vendor Status

July 2023

Delaware and New York District Courts Split on Permissibility of Non-Debtor Releases

Upholding confirmation of the Boy Scouts’ chapter 11 plan, the district judge in Delaware disagreed with his counterpart in New York who found no statutory power to impose non-consensual, non-debtor third-party releases.