Automatic Stay
Supreme Court Grapples with ‘Finality’ in Ritzen v. Jackson Masonry
Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.
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Seventh Circuit Holds that Parking Tickets and Fines Are Chapter 13 ‘Admin’ Expenses
Appeals courts won’t allow bankruptcy to shield debtors from paying parking tickets and fines incurred in the course of a chapter 13 case.
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First and Second Circuits Agree: Trustees Alone May Sue Ponzi Scheme Net Winners
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.
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Case Shows How Taggart Tilted the Scale Toward Lenders Accused of Contempt
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions
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.
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Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars
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.
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Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
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Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
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Courts Split on Allowing a Late Claim if the Creditor Was Not Listed
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
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In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
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