Automatic Stay | ABI

Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan

Bankruptcy court disregards district court opinion on redemption of pawned property.

Court :

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

Court :

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

Court :

Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute

Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.

Court :

Benchnotes April 2017

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates

Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.

Court :

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

Court :

New York Southern District

Benchnotes March 2017

Bankruptcy Code

11 U.S.C. § 362

11 U.S.C.A. § 544(b); 11 U.S.C.A. § 548; 11 U.S.C.A. § 550;

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Consumer Bankruptcy

Discharge/Dischargeability

Explicit Provision Required to Maintain Secured Status in a Plan

Creditor lost secured status by sloppy drafting.

Court :

Illinois Northern District

Wednesday, January 18, 2017

Article Tags

Court Administration

Finance and Banking

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