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Automatic Stay

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

Benchnotes June 2018

June 2018

Bankruptcy Code
11 U.S.C. § 365
11 U.S.C. § 548
524
547
707
1112
1141
541
Topic Tags
Administrative Expense Claims
Alternative Dispute Resolution
Automatic Stay
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

Hope for Redemption: The Treatment of Pre-Petition Tax Sales in Bankruptcy

June 2018

Bankruptcy Code
108
1123
1222
1322
541
Topic Tags
Automatic Stay
Claims
Plan Confirmation
Business Reorganization
Chapter 12/Farm Cases
Real Estate

Chicago Wins One Round in Battle over Parking Tickets

The battle continues in Chicago over using chapter 13 to beat parking tickets.

7th Circuit
Illinois
Illinois Northern District

The Earnout Provision: A Tool for Mitigation, or a Path to Litigation?

May 2018

Bankruptcy Code
2004
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Plan Confirmation
Valuation
Business Reorganization
Finance and Banking
Investment Banking

Federal and State Oversight of SNFs: What Happens at the Point of Enforcement?

May 2018

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Executory Contracts/Leases
Govt. Claims/Sovereign Immunity
Health Care

May 2018 Benchnotes

May 2018

Bankruptcy Code
303
330
502
524
326
541
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Consumer Bankruptcy
Business Reorganization
Unsecured Trade Creditors

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

2nd Circuit
New York
New York Northern District
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