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Automatic Stay

Qui Tam Suits Are Exceptions from the Automatic Stay

Automatic stay is no safe harbor from suits under the False Claims Act.

11th Circuit
Florida
Florida Middle District

Final Order of Dismissal Makes Other Appeals Constitutionally Moot

Ninth Circuit adopts Eighth Circuit test for constitutional mootness.

9th Circuit

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

9th Circuit
Arizona

Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues

State courts should rule on state law issues, says circuit panel including Richard Posner.

7th Circuit

Bankruptcy Court Stays Out of the Repo Business

The repo man will face no competition from the bankruptcy court.

10th Circuit
Oklahoma
Oklahoma Western District

Fifth Circuit Ducks an Undecided Issue on Automatic Stay Violation

Dissenter would have used a $1 case to rule on an issue of first impression.

5th Circuit

Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint

Willfulness is not required by the FDCPA when pleading an automatic stay violation.

7th Circuit
Illinois
Illinois Southern District

Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure

Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.

11th Circuit
Florida
Florida Southern District

Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent

Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.

7th Circuit
Illinois
Illinois Northern District

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

9th Circuit
Oregon
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