Detroit Judge Criticizes the Second Circuit’s Tribune Decision on the Safe Harbor
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
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Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
‘Fair Ground of Doubt’ Under Taggart Isn’t Shown by Intending to Overturn Precedent
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
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First Circuit Won’t Allow a Lien to Be Waived by Implication
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
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Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
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Second Circuit Holds that Flip Clauses in Swaps Are Enforceable
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
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The Automatic Stay Is a Get-Out-of-Jail Free Card in Chicago
The Seventh and Ninth Circuits may not be on the same page when it comes contempt citations falling under the Section 362(b)(4) exception to the automatic stay.
Tenth Circuit BAP Says that Section 364(d)(1) Can’t Be Used for Priming Lien in a Plan
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
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