Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.
Section 1326(a)(2) Overrides a Levy Under State Law
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says
Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago
Appeals court avoids a split of circuits by deciding a different issue this time.
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.