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Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay

Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.

No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says

The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
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BAP Rules that Tolling in Section 108(c) Does Not Apply to Notices Under Section 546(b)

In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.
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Merely ‘Technical’ Stay Violations Don’t Obviate Section 362(k) Sanctions, BAP Says

Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.
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Disastrous Litigation Strategy Didn’t Justify Stay Modification, Eleventh Circuit Says

Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
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Johnson & Johnson Venue Transferred from North Carolina to New Jersey

Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’

Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
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