Automatic Stay

Questions Remain About When to Appeal an Order, Citing Debtor’s Need for a Breathing Spell

April 2020

Bankruptcy Code

Topic Tags

Section 362(k)(1) Sanctions Apply to Automatic Stay Violation Continuing After Discharge

Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.

Court :

9th Circuit

California

California Eastern District

The Breath of Fresh Start: The DUI/DWI Debtor and the Ignition Interlock Device

Bankruptcy Code

Topic Tags

Public Interest Must Be Considered: The Rejection of Power Purchase Agreements Examined

Bankruptcy Code

Topic Tags

Executory Contracts/Leases

A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days

Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.

Court :

2nd Circuit

New York

New York Southern District

Supreme Court Rules that ‘Unreservedly’ Denying a Lift-Stay Motion Is Appealable

Building on Bullard, the Supreme Court rules unanimously that a lift-stay motion is a “procedural unit” that’s appealable if the bankruptcy court “conclusively” denies the motion.

Court :

Supreme Court

Enforceability of Make-Whole Premiums in Chapter 11

March 2021

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Automatic Stay

Bankruptcy Litigation

Executory Contracts/Leases

Practice and Procedure

Business Reorganization

Finance and Banking

Holding a Contempt Hearing May Be Ok, but the Remedy Might Violate Automatic Stay

A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.

Court :

2nd Circuit

New York

New York Eastern District