Benchnotes May 2023
A 362(k) Claim May Be Brought Without Reopening the Bankruptcy, Circuit Says
Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.
Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation
Ninth Circuit splits with the First on the interpretation of Section 106(a).