Automatic Stay

Hot Topics with Bill Rochelle

Automatic Stay Applies Automatically to the Archbishop of a Bankrupt Archdiocese

Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’

Rejection of FERC-Regulated Agreements: Is In re Ultra Petroleum the Last Word?

Feb 2021

Benchnotes February 2021

Feb 2021

New York’s High Court Splits on Federal Preemption of Tortious Interference Claims

New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.

When Insurance Meets Bankruptcy: Policies, Proceeds, Subrogation and the Stay

Jan 2021

The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court

The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

Government vs. Hospital: Setoff and Recoupment for Health Care Providers

Jan 2021

Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.