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Automatic Stay

Benchnotes September 2022

Sept 2022

Bankruptcy Code
11 U.S.C. § 362
503
547
Topic Tags
Administrative Expense Claims
Automatic Stay
Plan Confirmation
Practice and Procedure
Preferences

Second Circuit Bright-Line Rule: It’s Always a Stay Violation if Debtor Is a Defendant

Second Circuit exercises ‘hypothetical’ appellate jurisdiction when finality is murky.

2nd Circuit

Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.

2nd Circuit
New York
New York Southern District

Two Sides of the Same Coin? Cryptoassets and Estate Property in Bankruptcy

Aug 2022

Bankruptcy Code
541
Topic Tags
Automatic Stay
Claims
Valuation
International Insolvency
Telecom/Tech

Automatic Stay

Sept 2022

Bankruptcy Code
105
Topic Tags
Automatic Stay
Business Reorganization

Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor

In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.

10th Circuit
Utah

Benchnotes July 2022

July 2022

Bankruptcy Code
106
11 U.S.C. §§ 101-1532
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Fraudulent Transfers
Plan Confirmation
Discharge/Dischargeability

Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says

First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.

1st Circuit

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

2nd Circuit

Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy

Reliance on advice of counsel is not a complete defense to contempt citations.

4th Circuit
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