Automatic Stay

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

Benchnotes September 2022

Bankruptcy Code

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.

Court :

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.

Court :

2nd Circuit

New York

New York Southern District

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

Bankruptcy Code

Topic Tags

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.

Court :

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.

Court :

1st Circuit

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