Automatic Stay | ABI

State Consumer Protection Law Preempted by the Bankruptcy Code

Preemption easier to find than implied repeal, Chicago district judge says.

Court :

Illinois Northern District

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

Court :

PROMESA’s and Bankruptcy Code’s Automatic Stay Are Similar, Not Identical

Temporary diversion of collateral doesn’t require ‘adequate protection,’ Puerto Rico Judge says.

Court :

Thursday, November 3, 2016

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

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Thursday, November 3, 2016

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Business Reorganization

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Chapter 13 Stretches Out the Time for Redeeming Pawned Property

Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.

Court :

Georgia Middle District

Tuesday, October 25, 2016

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Business Reorganization

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Sovereign Immunity Insulates Government from Emotional Distress Claims

Section 106’s sovereign immunity waiver is not clear enough for emotional distress claims.

Court :

Government’s Common Law Fraud Suit Excepted from Automatic Stay

Automatic stay nonetheless may preclude collecting judgment from estate property.

Court :

North Carolina Eastern District

Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal

Rabbinical court was barred from attaching an injunction under the First Amendment.

Court :

New York Southern District

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