On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.
Court:
First Circuit Liberally Interprets the Police and Regulatory Stay Exception
The appeals court reviews the ‘totality of the circumstances’ when government action has elements of both regulatory enforcement and furtherance of the state’s pecuniary interest.
Court:
Benchnotes June 2021
Journal Issue:
Discharge May Be Enforced in Another District, Brooklyn Judge Says
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
Court:
Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay
Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.