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Automatic Stay

Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit

No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.

9th Circuit

State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable

Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.

3rd Circuit

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit
New York
New York Southern District
Wednesday, March 29, 2017
Article Tags
Automatic Stay
Claims
Bankruptcy Litigation
Court Administration
Finance and Banking
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Examining § 362(a)(3): When “Stay” Means Stay

May 2017

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Consumer Bankruptcy
Consumer Debt

New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination

Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).

2nd Circuit
New York
New York Eastern District

Medicare’s Jurisdictional Bar and the Bankruptcy Code

May 2017

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Bankruptcy Litigation
Venue/Jurisdiction
Business Reorganization
Health Care

Benchnotes May 2017

May 2017

Bankruptcy Code
11 U.S.C. § 365
11 U.S.C. § 548
502
550
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Fraudulent Transfers
Plan Confirmation
Preferences
Consumer Bankruptcy
Discharge/Dischargeability
Mortgage
Business Reorganization
Real Estate
Retail
Unsecured Trade Creditors

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

6th Circuit
Tennessee
Tennessee Middle District

Ninth Circuit Prohibition on Third-Party Injunctions Is Inapplicable in Chapter 9

Third-party injunctions in chapter 9 must be a financial necessity, judge says.

9th Circuit
California
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