Automatic Stay | ABI

May a Bankruptcy Court Annul the Automatic Stay after Acevedo?

Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.

Court :

New York Eastern District

Section 362(b)(1)’s Incorporation of Certain Civil Contempt Orders

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Consumer Bankruptcy

Finance and Banking

Lender Liability

Justices Postpone Argument in Fulton until the Supreme Court’s Next Term

Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.

Court :

Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.

Court :

Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation

Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.

Court :

Are Special Revenues as Special as They Once Were?

Bankruptcy Code

Topic Tags

Plan Confirmation

Practice and Procedure

Municipal Bankruptcy

Ninth Circuit BAP Applies Taggart to Violations of the Automatic Stay

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.

Court :

Indebted to the Agency: What to Do When Social Security Is Your Creditor

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Discharge/Dischargeability

Govt. Claims/Sovereign Immunity

When Collateral Is Gone, Can an Unsecured Secure Payment?

Bankruptcy Code

11 U.S.C. § 362

the Debtor and the Estate›Subchapter I - Creditors and Claims›502

the Debtor and the Estate›Subchapter III - The Estate›541

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Unsecured Trade Creditors

Untangling the Web of § 362(c)(3)(A) and Its Legislative History

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Consumer Bankruptcy

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