Second Circuit Bright-Line Rule: It’s Always a Stay Violation if Debtor Is a Defendant Second Circuit exercises ‘hypothetical’ appellate jurisdiction when finality is murky. Read more about Second Circuit Bright-Line Rule: It’s Always a Stay Violation if Debtor Is a Defendant
Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction. Read more about Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations
Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay. Read more about Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies. Read more about Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says
Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction. Read more about Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation