Automatic Stay

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

Court :

9th Circuit

Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars

Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.

Court :

3rd Circuit

“Application of Pledged Special Revenues” Under § 922(d)

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Legislation

Municipal Bankruptcy

Puerto Rico

Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation

The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.

Court :

9th Circuit

Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues

Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.

Court :

5th Circuit

Circuit Splits over Medicare Claims

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Venue/Jurisdiction

Health Care

Courts Split on Allowing a Late Claim if the Creditor Was Not Listed

Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).

Court :

10th Circuit

Colorado