Automatic Stay | ABI

Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent

Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.

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Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’

Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.

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The Sufficiency of Adequate Protection in a § 506(a) Cramdown

Bankruptcy Code

11 U.S.C. § 506

Topic Tags

Plan Confirmation

Consumer Bankruptcy

The Meaning of “with Respect to the Debtor” Revealed

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Consumer Bankruptcy

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

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Sixth Circuit Pronounces a Two-Prong Test to Determine ‘Finality’

Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.

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Debtor Allowed to Convert from Chapter 12 to Chapter 11

Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.

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Texas Northern District

Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay

A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.

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Georgia Southern District

Status Report on the Supreme Court

Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.

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Major Automatic Stay Issue Inches Toward the Supreme Court

Chicago parking ticket cases to be resolved in the Seventh Circuit.

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Illinois Northern District

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