Automatic Stay

Judges’ Round-and-Round (2018 Winter Leadership Conference)

Benchnotes January 2019

Jan 2019

Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines

The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.

New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.

Invocation of Rooker-Feldman Requires Finality in the State Court Judgment

Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.

Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy

A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.

Benchnotes December 2018

Dec 2018

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.

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.

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

Dec 2018