Automatic Stay

In ‘363’ Sales, Three Courts Say Purdue Doesn’t Bar Injunctions Protecting Buyers

For a sale ‘free and clear,’ nondebtors can be enjoined from suing.

Court :

Debtors Have a Narrow Window in ‘13’ to Redeem Foreclosed Property, BAP Says

Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.

Court :

9th Circuit

Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations

A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.

Court :

8th Circuit

Minnesota

Going Rogue: Revisiting Mediation and Preliminary Injunctions in Ch. 11

May 2025

Bankruptcy Code

105

11 U.S.C. § 362

Topic Tags

Alternative Dispute Resolution

Automatic Stay

Claims

Bankruptcy Litigation

Practice and Procedure

Business Reorganization

Fourth Circuit Upholds a $31 Million Default Judgment for Discovery Abuses

Long Island’s Judge Grossman warns lawyers that they may be paid nothing if they file chapter 11 cases just to delay a secured creditor, with no legitimate strategy for selling the property, refinancing or confirming a plan.

Court :

4th Circuit

Why Are the States in This Case?

Bankruptcy Code

Topic Tags

Govt. Claims/Sovereign Immunity

District Courts Disagree on Enforcing an ‘Automatic Stay’ Protecting Nondebtors

A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.

Court :

6th Circuit

Ohio

Ohio Northern District

Benchnotes February 2025

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Asset Sales

Automatic Stay

Claims

Bankruptcy Litigation

Court Administration

Plan Confirmation

Practice and Procedure

Consumer Bankruptcy

Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart

The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.

Court :

9th Circuit

Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration

A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.

Court :

3rd Circuit

Delaware

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