Automatic Stay | ABI

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

Court :

New York Southern District

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

Court :

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?

Yet another example of how hard cases make bad law.

Court :

New York Eastern District

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Court :

CFPB Suit in District Court Immune from Transfer to Bankruptcy Court

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

Court :

Rejecting a Contract Precludes a Suit for Post-Petition Breach

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.

Court :

Buyer’s Remorse: How § 362(d)(4) Facilitates Fraud

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation

Second Circuit approves a stay-violation defense in a nonprecedential opinion.

Court :

Community Chest: Does the Co-Debtor Stay Extend to Debts Incurred Solely by the Nondebtor Spouse?

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Consumer Bankruptcy

Business Reorganization

Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’

California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.

Court :

California Eastern District

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