Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay
Section 105(a) was utilized because Section 1301 is silent on sanctions.
%1
Automatic Stay Does Not Enjoin Criminal Habeas Petitions
Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.
Judge Name - Do not use it.
Gustavo A. Gelpi
Journal Issue
Bankruptcy Code
Bankruptcy Rule
Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes
Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.
Judge Name - Do not use it.
Brian K. Tester
Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
Judge Name - Do not use it.
Mark A. Goldsmith
Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
Judge Name - Do not use it.
Thomas I. Vanaskie
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Judge Name - Do not use it.
Christopher M. Altson
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
Judge Name - Do not use it.
Kent A. Jordan