Police Power Exception Doesn’t Apply to Suits by Private Attorneys General
Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.
Court:
Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21
High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.
Court:
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
Court:
First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court
Circuit court bars lawsuit by one Puerto Rico bondholder group against another.
Court:
Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
Court:
State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable
Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.
Court:
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.
Analysis: Bank of America Hit with $45 Million in Punitive Damages for Stay Violations
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New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).