BAP Rules that Tolling in Section 108(c) Does Not Apply to Notices Under Section 546(b)
In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.
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Merely ‘Technical’ Stay Violations Don’t Obviate Section 362(k) Sanctions, BAP Says
Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.
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Disastrous Litigation Strategy Didn’t Justify Stay Modification, Eleventh Circuit Says
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
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Johnson & Johnson Venue Transferred from North Carolina to New Jersey
Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’
Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay
The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
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Refusing to Release an Attachment After Filing Is No Stay Violation Following Fulton
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
Current Issues and Practice in Subchapter V Cases
Over-the-Top Allegations of Stay Violation Bring $10,000 Sanction for Violating Rule 11
Counsel sanctioned $10,000 for making allegations about an intentional or malicious stay violation without having performed an investigation to justify the claims.
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