Automatic Stay

Benchnotes February 2023

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor entity. Indeed, virtually every

A Password by Any Other Name … Remains a Digital Asset

A Password by Any Other Name ... Remains a Digital Asset By Jaden Banks In recent years, more and more people have traded, bought or sold digital assets, to the point that some 40 million Americans have actively invested in cryptocurrencies. 1 The increased use of

Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates

Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates By Kristina M. Johnson The protection of the automatic stay is one of the most fundamental, universal rights under the Bankruptcy Code for all debtors. Or is it? Certainly, when a

10th Circuit Utah Apr 26, 2022

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.