Automatic Stay

Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay

Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.

Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws

Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.

Dumb and Dumber: A Bankruptcy Stay Story

Benchnotes August 2021

Aug 2021

Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court

Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.

Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt

First Circuit BAP explains what lien avoidance does and doesn’t do.

Circuit and District Court Splits on Important Bankruptcy Issues with Bill Rochelle

Bankruptcy Treatment of Environmental Liabilities: A Refresher and Issues to Consider

July 2021

Benchnotes July 2021

July 2021

Optimizing Benefits from Domestic-Support Claims for Both the Debtor and Creditor

July 2021