Automatic Stay

ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration

With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.

A False Certificate of Payment (Temporarily) Barred a Landlord from Evicting

New York’s Judge David Jones explored the intricacies of Section 322(b)(22)’s bar to using bankruptcy to halt eviction.

Actual Notice Is Required for a Plan Injunction to Bind a Creditor

A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.

Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption

The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
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Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute

In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
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Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction

Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.

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Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay

A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.

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