Automatic Stay

Benchnotes February 2024

Feb 2024

A Bankruptcy Case’s Effect on Matters Before at State Court

Feb 2024

Oil and Gas Royalties Never Become Estate Property in Colorado

The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.

Bankruptcy Code Overrides Contrary Delaware Corporate Law, Judge Lopez Says

Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.

Finality of a Contempt Order Drawn into Question in the Eleventh Circuit

Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.

Supreme Court Review: Recent Decisions and Their Potential Implications for Bankruptcy Lawyers

WORKSHOP: Oops, They Did It Again: Litigating Automatic Stay and Discharge Violations

Actual Damages Not Required to Recover Attorneys’ Fees for a Stay Violation

Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.

Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A)

Jan 2024

Filing Bankruptcy After Renewing a Title Loan Again Found Not to Be Bad Faith

Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.