Automatic Stay

Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
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Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay

Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.

Seventh Circuit Primed to Take on a Circuit Split on Automatic Stay Termination

District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.

Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision

Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.

Equitable Mootness Doesn’t Violate Due Process, First Circuit Says

Constitutional arguments don’t entitle the creditor to stay relief.
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The Outer Limits of Discharge Explored by the Ninth Circuit BAP

Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
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Covid Eviction Moratoria Didn’t Apply in a Bankruptcy Case

Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.

Medicaid Fraud Suit in State Court Isn’t Subject to the Automatic Stay

Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.

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