No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
Merely ‘Technical’ Stay Violations Don’t Obviate Section 362(k) Sanctions, BAP Says
Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.
Disastrous Litigation Strategy Didn’t Justify Stay Modification, Eleventh Circuit Says
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
Another District Judge Rules that Tax Foreclosures Can Be Fraudulent Transfers
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
Debtors May Wind Up Operations in Chapter 12 and Farm Through LLCs
Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.