Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property
Tenth Circuit is in the minority by requiring affirmative action for a stay violation.
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.
Can a Plan Modify and Pay Off a Secured Claim Without Creditor Participation?
Texas judge circumvents Fifth Circuit’s requirement of secured creditor participation in chapters 11 and 13.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure
Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.