Automatic Stay

Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates

April 2023

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Are Valuation Disputes Futile?

Jan 2023

Misleading Advertising to Poach a Debtor’s Customers Is No Stay Violation

False advertising that violates non-bankruptcy law isn’t necessarily a violation of the automatic stay, New York district judge says.

Court :

2nd Circuit

New York

New York Southern District

Court Halts States’ Police and Regulatory Suits against Non-Debtor Johnson & Johnson

In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.

Court :

3rd Circuit

New Jersey

Judge McAffee Agrees with Former Judge Sontchi on Authorized Corporate Actions

The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.

Court :

4th Circuit

North Carolina

North Carolina Eastern District

Stay Violation Upheld Despite ‘Ambiguity’ About the Debtor’s Interest in the Property

Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?

Court :

9th Circuit

Washington

Washington Western District

Benchnotes November 2022

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Ethics

Practice and Procedure

Discharge/Dischargeability

No Good Deed Goes Unpunished as COVID Forbearances Come Due

Bankruptcy Code

Topic Tags

Discharge/Dischargeability

Mortgage

Covid19

Real Estate

Whose Property Is Protected Under 11 U.S.C. § 362(c)(3)(A)?

Nov 2022

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Automatic Stay

Considerations for Creditors During the Gap Period in Involuntary Cases

Bankruptcy Code

Topic Tags

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