Automatic Stay

California Judge Adopts Minority View on Automatic Termination of the Stay

District judge follows Ninth Circuit BAP on stay termination for serial filers.

Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day

Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.

California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions

District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.

Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says

Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

Headaches, Relief and Other Remedies: Let’s Look in That Medicine Cabinet Again