December 19, 2019
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
December 16, 2019
Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.
December 12, 2019
Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.
November 20, 2019
The ‘fugitive disentitlement doctrine’ does not allow a federal court to dismiss an appeal because of a fugitive’s contempt of a state court order, the First Circuit rules.
November 18, 2019
Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.
November 14, 2019
Appeals courts won’t allow bankruptcy to shield debtors from paying parking tickets and fines incurred in the course of a chapter 13 case.
November 12, 2019
Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.
November 5, 2019
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
November 1, 2019
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.