Second Circuit Bright-Line Rule: It’s Always a Stay Violation if Debtor Is a Defendant
Second Circuit exercises ‘hypothetical’ appellate jurisdiction when finality is murky.
Court:
Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations
Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.
Automatic Stay
Journal Issue:
Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
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Benchnotes July 2022
Journal Issue:
Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
Court:
Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
Court:
Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy
Reliance on advice of counsel is not a complete defense to contempt citations.
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