Automatic Stay Does Not Enjoin Criminal Habeas Petitions
Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.
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Benchnotes August 2017
Journal Issue:
Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes
Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.
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Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
Court:
Benchnotes July 2017
Journal Issue:
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
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Benchnotes June 2017
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