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Automatic Stay

Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says

Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.

4th Circuit
West Virginia
West Virginia Southern District

Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay

Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.

4th Circuit
Virginia
Virginia Eastern District

Benchnotes February 2020

Feb 2020

Bankruptcy Code
362(d)
108
1112
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Ethics
Executory Contracts/Leases
Fraud
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

Sixth Circuit Gives Primacy to the Bankruptcy Court in Rejecting Power Contracts

Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.

6th Circuit
Thursday, December 12, 2019
Article Tags
Automatic Stay
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Retail
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Fifth Circuit Creates a Circuit Split on Stay Termination for Repeat Filers

Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.

5th Circuit

Benchnotes January 2020

Jan 2020

Bankruptcy Code
11 U.S.C. § 105
11 U.S.C. § 362
11 U.S.C. § 548
Topic Tags
Alternative Dispute Resolution
Automatic Stay
Bankruptcy Litigation
Fraudulent Transfers
Preferences
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability
Business Reorganization
Commercial Fraud
Real Estate

A Fugitive’s Civil Bankruptcy Appeal Can Be Dismissed, Sometimes

The ‘fugitive disentitlement doctrine’ does not allow a federal court to dismiss an appeal because of a fugitive’s contempt of a state court order, the First Circuit rules.

1st Circuit

Supreme Court Grapples with ‘Finality’ in Ritzen v. Jackson Masonry

Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.

Supreme Court

Seventh Circuit Holds that Parking Tickets and Fines Are Chapter 13 ‘Admin’ Expenses

Appeals courts won’t allow bankruptcy to shield debtors from paying parking tickets and fines incurred in the course of a chapter 13 case.

7th Circuit
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