Automatic Stay

Rooker-Feldman Doesn’t Bar Review of an Erroneous Decision About the Automatic Stay

The Supremacy Clause allows bankruptcy courts to set aside erroneous decisions by state courts about the applicability of the automatic stay.

The ‘Home Court’ Rule Does Not Apply in Chapter 15 Cases, District Judge Says

The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.

Nov 2024

Dec 2024

Nov 2024

Chapter 15 Automatic Stay Isn’t Effective Retroactively, Ninth Circuit Says

Alter ego claims belong to the creditor, not to the bankrupt estate.

Judge Barnes Explained Why Bankruptcy Stays Don’t Require Personal Jurisdiction

Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.

Oct 2024

Fifth Circuit Receivership Opinion Raises Questions About the Automatic Stay

Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?

Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights

A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.