Collecting a Sanction May Be Enforced by Contempt Rather than Writ of Execution
A district court in New York affirmed Bankruptcy Judge Paek by holding that collection of a sanction for a stay violation doesn’t require a writ of execution under Federal Rule 69(a).
No Loopholes in Section 362(b)(21) Allowing Foreclosure Against an Ineligible Debtor
Even if a debtor is ineligible to file again under Section 109(g), another filing does create a stay, but it’s not applicable to enforcement of a lien against real property.
Public Rights Exception Permits Bankruptcy Court to Award Punitive Damages
Although a suit for punitive damages resembles a claim for which there would be a jury under common law, Pennsylvania’s Judge Mayer decided that the enactment of Section 362(k) gave rise to the public rights exception allowing bankruptcy courts to award damages without a jury.
A Deceased Debtor’s Survivor Can Make Chapter 13 Plan Payments from Her Income
Even though a deceased chapter 13 debtor has no regular income, the plan can still be confirmed.
Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says
An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.
The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11
The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation
A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction
In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.
Benchnotes September 2025
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Ninth Circuit (En Banc) Limits Scope of Trustees’ Judicial Immunity Bankruptcy trustees are protected from liability for acts undertaken in carrying out their duties under the doctrines of quasi
A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
Comparative Fault Doesn’t Require Reduced Attorneys’ Fees for Discharge Violations
Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.