Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
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Benchnotes July 2022
Journal Issue:
Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
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Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
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Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy
Reliance on advice of counsel is not a complete defense to contempt citations.
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BAP Describes When a Nonbankruptcy Court’s Order Does or Does Not Violate the Stay
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
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A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011
Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.
A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says
A prevailing party can’t appeal arguably erroneous findings.
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Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
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