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New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination

Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).

Judge Name - Do not use it.

Robert E. Grossman

Journal Issue

May 2017

Bankruptcy Code

11 U.S.C. § 362

Bankruptcy Rule

none

Topic Tags

Automatic Stay

Bankruptcy Litigation

Venue/Jurisdiction

Business Reorganization

Journal Issue

Bankruptcy Code

Bankruptcy Rule

none

Topic Tags

Asset Sales

Automatic Stay

Claims

Bankruptcy Litigation

Executory Contracts/Leases

Discharge/Dischargeability

Mortgage

Business Reorganization

Real Estate

Retail

Unsecured Trade Creditors

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

Judge Name - Do not use it.

Kevin H. Sharp

Ninth Circuit Prohibition on Third-Party Injunctions Is Inapplicable in Chapter 9

Third-party injunctions in chapter 9 must be a financial necessity, judge says.

Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan

Bankruptcy court disregards district court opinion on redemption of pawned property.

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

Judge Name - Do not use it.

Monroe G. McKay

Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute

Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.

Judge Name - Do not use it.

Francisco A. Besosa

Journal Issue

April 2017

Bankruptcy Code

none

Bankruptcy Rule

none

Topic Tags

Automatic Stay

Claims

Bankruptcy Litigation

Fraudulent Transfers

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

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