Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
Court:
District Courts Disagree on Enforcing an ‘Automatic Stay’ Protecting Nondebtors
A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.
Converting from Chapter 7 to Sub V to Liquidate Is Ok, Judge Cleary Says
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.
Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
Court: