A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
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Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
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Benchnotes April 2019
Journal Issue:
Barton Also Protects Asbestos Trusts, Delaware Judge Says
If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split.
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2019 Shapero Cup Materials
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Discharge and the Automatic Stay
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Newly Filed Certiorari Petitions Raise Circuit Splits on ‘Finality’ and the Automatic Stay
The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.
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Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.
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Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
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