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Automatic Stay

Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already

Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.

3rd Circuit
New Jersey

First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds

Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.

1st Circuit
Puerto Rico

BAP Decision Previews Issues Confronting the Supreme Court in Ritzen

Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’

Supreme Court
Wednesday, September 11, 2019
Article Tags
Automatic Stay
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Great Debates (Bankruptcy 2019: Views from the Bench)

Bankruptcy Code
105
327
363
542
1303
362
Topics
Automatic Stay

Links

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Benchnotes October 2019

Oct 2019

Bankruptcy Code
11 U.S.C. § 363
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Ethics
Venue/Jurisdiction
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Business Reorganization

Planning Cash Flow in Health Care Bankruptcies: Medicare and the Administrative Freeze

Oct 2019

Bankruptcy Code
11 U.S.C. § 362
553
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Executory Contracts/Leases
Business Reorganization
First-day Motions
Health Care
Turnaround Issues

Vesting in the Windy City: Debtors Should Decide How to Vest Property Under Chapter 13

Oct 2019

Bankruptcy Code
11 U.S.C. § 362
348
1302
1306
1307
1321
1324
1327
1322
Topic Tags
Automatic Stay
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy

District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.

A Michigan Stay Opinion Raises Contempt Issues from the Supreme Court

Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?

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