Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers
For serial filers, automatic stay held to terminate only on the debtor’s property.
Caesars Judge Questions Need to Halt Suits Until Bankruptcy Ends
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Bondholders’ Lawsuit Enjoined by the Automatic Stay in PROMESA
Puerto Rico judge rejects constitutional attack on portions of PROMESA.
Court:
Violating the Automatic Stay Isn’t Contempt Without Intent
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
California Judge Adopts Minority View on Automatic Termination of the Stay
District judge follows Ninth Circuit BAP on stay termination for serial filers.
Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day
Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.
Court:
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.
Court:
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
Court:
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.