Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation
Second Circuit approves a stay-violation defense in a nonprecedential opinion.
Court:
Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
Court:
Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says
Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.
Court:
Chicago Believes that Inaction Doesn’t Violate the Automatic Stay
Windy City plunges into the circuit split on inaction as a violation of the automatic stay.
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.