The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.
An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.
Chicago judge cut rent by 75% after governor prohibited on-premises dining in the debtor’s restaurant.
Magistrate judge decided that the regulatory power exception to the automatic stay allows the EEOC to proceed, but he stayed the suit by the former employee seeking damages.
Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.
Discharge was violated, but sanctions are likely out of reach.
Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.