Skip to main content
Help Center
ABI Journal

Practice and Procedure

Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

11th Circuit
Florida
Florida Middle District

Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge

The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.

9th Circuit

Auction Sales: Disclosing Bidder Connections Prevents Surprises

March 2021

Bankruptcy Code
11 U.S.C. § 363(m)
Topic Tags
Asset Sales
Ethics
Practice and Procedure
Business Reorganization

Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations

Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.

3rd Circuit
Pennsylvania
Pennsylvania Western District

Guarantee of a Lease Survives Rejection if the Tenant Remains in Possession

District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.

6th Circuit

Dissolved Corporation May Not File to Reorganize in Chapter 11, Only to Liquidate

Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.

5th Circuit
Texas
Texas Southern District

Ponzi-Schemer’s Assistant Liable Under UFTA Even Without Knowledge of Fraud

Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.

10th Circuit
Utah
Tuesday, January 5, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Professional Compensation/Fees
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Safe Harbor Bars Foreign Liquidators from Recovering Money Stolen in the U.S.

Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.

2nd Circuit
New York
New York Southern District

Follow the Rules or Lose an Exemption in a New Home While in Chapter 13

Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.

11th Circuit
Florida
Florida Southern District
Subscribe to %1