Automatic Stay

Ninth Circuit Affirms the BAP on the Outer Limits of the Discharge Injunction

Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.

Court :

No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says

The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

Court :

9th Circuit

BAP Rules that Tolling in Section 108(c) Does Not Apply to Notices Under Section 546(b)

In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.

Court :

9th Circuit

Merely ‘Technical’ Stay Violations Don’t Obviate Section 362(k) Sanctions, BAP Says

Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.

Court :

9th Circuit

Disastrous Litigation Strategy Didn’t Justify Stay Modification, Eleventh Circuit Says

Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.

Court :

11th Circuit

Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.

Court :

9th Circuit

Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal

The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.

Court :

10th Circuit

Oklahoma

Oklahoma Western District

Benchnotes December 2021

Bankruptcy Code

Topic Tags

Discharge/Dischargeability

Does Fulton Provide Relief for Colleges that Withheld Transcripts?

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Executory Contracts/Leases

Practice and Procedure

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Finance and Banking

Refusing to Release an Attachment After Filing Is No Stay Violation Following Fulton

Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

Court :

3rd Circuit

Pennsylvania

Pennsylvania Middle District

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