October 23, 2020
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
October 13, 2020
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
October 7, 2020
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
October 6, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
August 14, 2020
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
August 12, 2020
The Seventh and Ninth Circuits may not be on the same page when it comes contempt citations falling under the Section 362(b)(4) exception to the automatic stay.
July 31, 2020
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
July 20, 2020
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.