Automatic Stay

Third Circuit Harmonizes Law v. Siegel with Marrama

Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.

Court :

3rd Circuit

Aggressive Creditors Beware: Egregious Stay Violations Might Merit Substantial Damages

Bankruptcy Code

Topic Tags

Benchnotes July 2017

July 2017

Topic Tags

Administrative Expense Claims

Automatic Stay

Claims

Bankruptcy Litigation

Creditors' Committee

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Courts Split on Arbitration over Dischargeability of Student Loans

Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.

Court :

9th Circuit

Washington

Washington Western District

Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says

Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.

Court :

3rd Circuit

Benchnotes June 2017

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Discharge/Dischargeability

Police Power Exception Doesn’t Apply to Suits by Private Attorneys General

Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.

Court :

9th Circuit

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Court :

Supreme Court

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

Court :

3rd Circuit

First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court

Circuit court bars lawsuit by one Puerto Rico bondholder group against another.

Court :

1st Circuit

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