Benchnotes May 2017
Journal Issue:
False Claims Suits by Governments Are Not Halted by Bankruptcy
Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.
Ninth Circuit Prohibition on Third-Party Injunctions Is Inapplicable in Chapter 9
Third-party injunctions in chapter 9 must be a financial necessity, judge says.
Court:
Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan
Bankruptcy court disregards district court opinion on redemption of pawned property.
Florida Judge Plunges into the Split on Enforcing Arbitration Agreements
Debtor must arbitrate a violation of the discharge injunction.
Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral
Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.
Court:
Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute
Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.
Court:
Benchnotes April 2017
Journal Issue:
Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates
Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.
Court: