Foreclosing bank can’t set aside bankruptcy stay 
Published: February 3, 2012
Tags: automatic stay, CHAPTER 13, foreclosure, mortgage
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
Automatic stay for bankrupt party doesn’t apply to co-defendants
Published: December 23, 2011
Tags: automatic stay, Chapter 11, joint and several liability, wrongful death
An insolvent asbestos defendant’s bankruptcy filing does not stay all litigation involving solvent co-defendants, the Alabama Supreme Court has ruled.
Assignee can set aside bankruptcy stay
Published: December 7, 2011
Tags: automatic stay, Chapter 7
The assignee of a security interest in a motor vehicle had standing to set aside the automatic stay in the borrower’s bankruptcy case, even though the assignment hadn’t been recorded in accordance with applicable state law, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Chapter 7 debtors could avoid liens to stop foreclosure
Published: November 18, 2011
Tags: automatic stay, Chapter 7, foreclosure
Chapter 7 debtors could avoid judicial liens on their homestead property in order to prevent a bank from continuing foreclosure proceedings, the 8th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Bankruptcy stay doesn’t block attorney’s suspension
Published: August 30, 2011
Tags: arbitration, automatic stay, Chapter 7
The automatic stay in an attorney’s bankruptcy case does not preclude the imposition of a suspension for failing to pay fee arbitration awards to clients, the New Jersey Supreme Court has ruled.
States not liable for violating bankruptcy orders
Published: July 29, 2011
Tags: automatic stay, CHAPTER 13, child support, sovereign immunity
States are not liable for attempting to collect delinquent child support payments in alleged contravention of orders in a father’s bankruptcy case, the 11th Circuit has ruled in reversing contempt sanctions.
Law firm liable for violating bankruptcy stay
Published: June 1, 2011
Tags: automatic stay
A law firm and its client are liable for willfully violating the automatic stay in a bankruptcy case, the 1st Circuit has ruled in reversing judgment.
Alter ego claim proceeds outside bankruptcy
By:
Pat Murphy
Published: January 19, 2011
Tags: alter ego, automatic stay
The automatic stay in a corporation’s bankruptcy case did not prevent its owner from being sued by a creditor in state court under an alter ego theory, the California Court of Appeal has ruled in affirming a $292,000 judgment.
Home lender may have violated bankruptcy stay
By:
Pat Murphy
Published: December 29, 2010
Tags: automatic stay, Countrywide, escrow payments, Real Estate Settlement Procedures Act, RESPA
A home lender may have violated the automatic stay in a bankruptcy case when it recalculated the debtors’ post-petition escrow payments, the 3rd Circuit has ruled in reversing judgment.
Domestic abuse petition didn’t violate automatic stay
By:
Sylvia Hsieh
Published: October 28, 2010
Tags: automatic stay, Chapter 7, domestic abuse
A creditor who filed an ex parte motion for protection under a state domestic abuse statute against a debtor did not violate the automatic stay, the 8th Circuit BAP has ruled in affirming dismissal.
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