362

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.
Court: 

Johnson & Johnson Venue Transferred from North Carolina to New Jersey

Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’

Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
Court: 

Refusing to Release an Attachment After Filing Is No Stay Violation Following Fulton

Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

Over-the-Top Allegations of Stay Violation Bring $10,000 Sanction for Violating Rule 11

Counsel sanctioned $10,000 for making allegations about an intentional or malicious stay violation without having performed an investigation to justify the claims.

Good Faith Is No Defense to an Allegedly Willful Stay Violation, Third Circuit Says

Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.
Court: 

Pages