California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
‘No Harm, No Foul’ Doesn’t Entitle a Debtor to a Discharge, BAP Says
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
Third Circuit Backtracks; Malice Not Required for Punies on a Dismissed Involuntary
Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
Tenth Circuit Panel Splits on a Triangular Preference
Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.