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Automatic Stay

Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel

Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.

9th Circuit
California
California Eastern District

Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic

Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.

10th Circuit

Section 1326(a)(2) Overrides a Levy Under State Law

On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.

4th Circuit
Virginia

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

2nd Circuit
New York
New York Southern District

Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation

Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.

3rd Circuit
Pennsylvania
Pennsylvania Eastern District

PROMESA Didn’t Enjoin Damages Suit Against Puerto Rico Government Official

Courts are reluctant to employ PROMESA as a shield against suits involving government administration.

1st Circuit
Puerto Rico

Benchnotes November 2017

Nov 2017

Bankruptcy Code
11 U.S.C. § 363(f)
11 U.S.C. § 365
503
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Preferences
Consumer Bankruptcy
Business Reorganization
Real Estate
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

3rd Circuit
Pennsylvania
Pennsylvania Western District

No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says

Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.

8th Circuit

Foreclosure Sales, Deficiency Claims and the § 1111(b) Election

Oct 2017

Bankruptcy Code
1111
Topic Tags
Automatic Stay
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