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ABI Journal

Automatic Stay

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA

The automatic stay as applied might sometimes deny constitutional equal protection, judge says.

Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago

Appeals court avoids a split of circuits by deciding a different issue this time.

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure

Unperfected mortgage can be perfected after discharge, BAP implies.

Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay

Section 105(a) was utilized because Section 1301 is silent on sanctions.

Automatic Stay Does Not Enjoin Criminal Habeas Petitions

Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.

Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes

Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.