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Automatic Stay

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

BAP Describes When a Nonbankruptcy Court’s Order Does or Does Not Violate the Stay

If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.

9th Circuit

A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011

Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.

9th Circuit
California
California Eastern District

A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says

A prevailing party can’t appeal arguably erroneous findings.

2nd Circuit

Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says

The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.

9th Circuit

Aggressive, Extra-Contractual Conduct Leads to “Lender Liability” Judgment

May 2022

Bankruptcy Code
11 U.S.C. § 362
the Debtor and the Estate›Subchapter I - Creditors and Claims›502
701
Part VII. Adversary Proceedings
Topic Tags
Automatic Stay
Bankruptcy Litigation
Lender Liability
Turnaround Issues

Johnson & Johnson Survives a Motion to Dismiss that Alleged a Bad Faith Filing

Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.

3rd Circuit
New Jersey

Benchnotes April 2022

April 2022

Bankruptcy Code
11 U.S.C. §§ 101-1532
523
547
Topic Tags
Administrative Expense Claims
Automatic Stay
Bankruptcy Litigation
Discharge/Dischargeability

Ordinary Excuses Won’t Justify Plan-Filing Delays in Subchapter V

A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.

2nd Circuit
New York
New York Southern District
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