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Automatic Stay

Discharge May Be Enforced in Another District, Brooklyn Judge Says

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

2nd Circuit
New York
New York Eastern District

Can I Get My Car Back?

June 2021

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Consumer Bankruptcy

Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).

7th Circuit

Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

11th Circuit
Alabama
Alabama Middle District

Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay

Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.

3rd Circuit
Pennsylvania
Pennsylvania Western District

Seventh Circuit Primed to Take on a Circuit Split on Automatic Stay Termination

District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.

7th Circuit
Indiana
Indiana Northern District

Steer Lenders Clear of Driftwood and Mahogany to Avoid Forfeiture

May 2021

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Claims
Lender Liability

What Investors Need to Know About the New Brazilian Law

May 2021

Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Legislation
Plan Confirmation
Practice and Procedure
Preferences
Business Reorganization
International Insolvency
Labor/Employment
Lender Liability
Turnaround Issues
Unsecured Trade Creditors

Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision

Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.

Supreme Court

Equitable Mootness Doesn’t Violate Due Process, First Circuit Says

Constitutional arguments don’t entitle the creditor to stay relief.

1st Circuit
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