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Automatic Stay

Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations

A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.

8th Circuit
Minnesota

Going Rogue: Revisiting Mediation and Preliminary Injunctions in Ch. 11

May 2025

Bankruptcy Code
105
11 U.S.C. § 362
Topic Tags
Alternative Dispute Resolution
Automatic Stay
Claims
Bankruptcy Litigation
Practice and Procedure
Business Reorganization

Fourth Circuit Upholds a $31 Million Default Judgment for Discovery Abuses

Long Island’s Judge Grossman warns lawyers that they may be paid nothing if they file chapter 11 cases just to delay a secured creditor, with no legitimate strategy for selling the property, refinancing or confirming a plan.

4th Circuit

Why Are the States in This Case?

March 2025

Bankruptcy Code
11 U.S.C. § 362
503
525
Topic Tags
Automatic Stay
Govt. Claims/Sovereign Immunity

District Courts Disagree on Enforcing an ‘Automatic Stay’ Protecting Nondebtors

A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.

6th Circuit
Ohio
Ohio Northern District

Benchnotes February 2025

Feb 2025

Bankruptcy Code
11 U.S.C. § 105
11 U.S.C. § 362
11 U.S.C. § 363
303
305
Topic Tags
Alternative Dispute Resolution
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Court Administration
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy

Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart

The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.

9th Circuit

Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration

A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.

3rd Circuit
Delaware

Forcing Sale of a Debtor’s Milk Quota Is No Stay Violation, First Circuit Says, Reversing District Court

The First Circuit applied the ‘collateral order doctrine’ to allow an appeal by the government when a private party would be stuck with a nonappealable, interlocutory order.

1st Circuit

A Magistrate Judge Refuses to Enforce an Order Staying Actions Against Nondebtors

A magistrate judge decided that a bankruptcy court’s order from another district halting suits against nondebtors was unenforceable because it was not an ‘injunction’ made under Section 105(a).

6th Circuit
Michigan
Michigan Eastern District
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