Over Dissent, the Fourth Circuit Says No Arbitration for Automatic Stay Violations
A nationwide class action for a stay violation seems to be an open issue.
No Loopholes in Section 362(b)(21) Allowing Foreclosure Against an Ineligible Debtor
Even if a debtor is ineligible to file again under Section 109(g), another filing does create a stay, but it’s not applicable to enforcement of a lien against real property.
Public Rights Exception Permits Bankruptcy Court to Award Punitive Damages
Although a suit for punitive damages resembles a claim for which there would be a jury under common law, Pennsylvania’s Judge Mayer decided that the enactment of Section 362(k) gave rise to the public rights exception allowing bankruptcy courts to award damages without a jury.
Administratively Closing an Individual’s Chapter 11 Case Terminates the Stay
If an individual chapter 11 debtor administratively closes a confirmed case to avoid U.S. Trustee fees, be sure to have an order continuing the stay until a discharge is entered.