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.
The Supreme Court Refuses to Revisit Dewsnup
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
Supreme Court Is on the Road to Overruling Dewsnup
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption.
Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.
‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291
Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.