Automatic Stay

Supreme Court Sep 10, 2019

BAP Decision Previews Issues Confronting the Supreme Court in Ritzen

Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
Aug 13, 2019

District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.
Aug 9, 2019

A Michigan Stay Opinion Raises Contempt Issues from the Supreme Court

Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?
7th Circuit Aug 13, 2019

Seventh Circuit Opinion on Contempt Raises Questions under Taggart

On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?
2nd Circuit Jul 25, 2019

Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers

There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.