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Automatic Stay

Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets

Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.

Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court

District judge won’t withdraw the reference when PG&E rejects power purchase agreements.

Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules

Sanctions weren’t justified for attempting to collect a time-barred tax claim.

A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay

A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.

Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

Barton Also Protects Asbestos Trusts, Delaware Judge Says

If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split.

Newly Filed Certiorari Petitions Raise Circuit Splits on ‘Finality’ and the Automatic Stay

The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.

Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy

Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.