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Automatic Stay

‘Cert’ Petition Wants Discharge Violations to Be Arbitrated

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

Supreme Court

‘Cert’ Petition Asks Supreme Court to Overrule Lubrizol on Trademark Licenses

What did Congress mean in Sections 365(n) and 101(35A)? Is the right to use a trademark terminated when a trademark license is rejected?

Supreme Court

Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud

Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.

7th Circuit

Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

11th Circuit
Florida
Florida Middle District

Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question

On tough automatic stay cases, let the PROMESA judge decide.

1st Circuit
Puerto Rico

Benchnotes July 2018

July 2018

Bankruptcy Code
11 U.S.C. § 105
11 U.S.C. §§ 101-1532
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Ethics
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Connecticut Judge Takes Sides in a Circuit Split on Trademark License Rejection

A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.

2nd Circuit
Connecticut

District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay

Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.

1st Circuit
Puerto Rico

Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA

Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.

1st Circuit
Puerto Rico

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

9th Circuit
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