Government’s Common Law Fraud Suit Excepted from Automatic Stay
Automatic stay nonetheless may preclude collecting judgment from estate property.
Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers
For serial filers, automatic stay held to terminate only on the debtor’s property.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
California Judge Adopts Minority View on Automatic Termination of the Stay
District judge follows Ninth Circuit BAP on stay termination for serial filers.
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions
District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.
Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says
Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.