Seventh Circuit Primed to Take on a Circuit Split on Automatic Stay Termination
District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.
Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision
Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.
Court:
Equitable Mootness Doesn’t Violate Due Process, First Circuit Says
Constitutional arguments don’t entitle the creditor to stay relief.
Court:
The Outer Limits of Discharge Explored by the Ninth Circuit BAP
Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
Court:
Covid Eviction Moratoria Didn’t Apply in a Bankruptcy Case
Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.
Medicaid Fraud Suit in State Court Isn’t Subject to the Automatic Stay
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
Benchnotes March 2021
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