Recent Posts

Bridging the Gap: In re Murphy, 493 B.R. 576 (Bankr. D. Co. 2013)
Posted on 22 Aug 2013 by Robertson Cohen

The court may dismiss a Chapter 13 bankruptcy case if the debtor fails to make her required payments. The debtor then loses the protection of the automatic stay and must go through the time and expense of re-filing and starting a new five-year repayment... Read More

Emotional Distress Damages for Violations of the Automatic Stay
Posted on 29 Oct 2009 by Mazy Hedayat

In this LexisNexis Emerging Issues Analysis, Mazy Hedayat examines the issue of emotional distress damages for violations of the automatic stay, as well as the burdens of proof and persuasion to be met by any who wish to seek such damages. NOTE: The... Read More

Court Rules That Regulatory Actions Can Violate the Stay, Especially When You Say You Are Trying to Collect a Debt
Posted on 14 Jun 2011 by Stephen Sather

An opinion from San Antonio Bankruptcy Judge Leif Clark examines when a claim against a non-debtor can violate the automatic stay. The short answer is: when the creditor says he is doing it to collect from the debtor. The long answer requires an examination... Read More

In re Lehman Bros. Holdings Inc. Raises Questions About Application of Safe Harbors to Complex Financial Products
Posted on 14 Jun 2010 by Jeanine Boot, Craig Goldblatt, and Lisa Ewart

This Emerging Issues Analysis analyzes a case that narrowed the protections that the Bankruptcy Code was thought to provide to participants in the derivatives markets. The court ruled that "flip" provisions of swap documents triggered by... Read More

D&O Insurance: Advancing Defense Costs in Bankruptcy
Posted on 13 Feb 2013 by Kevin M. LaCroix

After entity coverage began to be added to the D&O insurance policy a couple of decades ago, a recurring problem in the bankruptcy context was whether or not the D&O policy proceeds were property of the estate under Bankruptcy Code Section 541... Read More

Jones v. Wells Fargo Home Mortgage, Inc. (In re Jones)
Posted on 10 Mar 2010 by Andrew Jurs

This Emerging Issues Analysis examines a bankruptcy court's decision to order the implementation of certain accounting procedures where punitive damages alone would not make the mortgage company change its behavior. The court relied on its own... Read More

Sternberg v. Johnston, 582 F.3d 1114 (9th Cir. Oct. 1, 2009)
Posted on 11 Dec 2009 by Andrew Jurs

In this Emerging Issues Analysis, the author looks at a decision from the Ninth Circuit that effectively creates a circuit split on the issue of whether attorney's fees are available not only for remedying a stay violation but also for the efforts... Read More

Third Circuit Holds that Debt Collectors Must Generally Comply with the Bankruptcy Code and the Fair Debt Collection Practices Act
Posted on 31 Jan 2014 by Cadwalader, Wickersham & Taft LLP

In Simon v. FIA Card Services, N.A. , the U.S. Court of Appeals for the Third Circuit recently ruled that a debtor in a bankruptcy proceeding is not unconditionally precluded from bringing claims under the Fair Debt Collection Practices Act (the “FDCPA”... Read More

Daniel J. Weiner on the Automatic Stay in Partnership Bankruptcies
Posted on 8 Jan 2013 by LexisNexis Bankruptcy Law Community Staff

by Daniel J. Weiner In this Emerging Issues Analysis, Daniel J. Weiner examines the treatment of the automatic stay in partnership bankruptcies, including the treatment of stay actions against non-debtor general partners by courts relying upon the... Read More

Application of the Automatic Stay Against Environmental Claims
Posted on 5 Aug 2009 by Adam Strochak

Adam P. Strochak, of Weil, Gotshal & Manges LLP, considers the extent to which an environmental action is precluded by application of the Bankruptcy Code section 362 automatic stay or the bankruptcy courts discretionary power under Code section 105... Read More

Understanding the Automatic Stay in a Debtor-General Contractor Bankruptcy Case
Posted on 2 Sep 2015 by Vandeventer Black LLP

by Shalanda Franklin What do you do when the general contractor files for bankruptcy before paying your invoices? When you receive notice that a general contractor of a project that you have been involved with has filed for bankruptcy, you must immediately... Read More

U.S. High Court Seeks Solicitor General's Comments on Bankruptcy Conflict
Posted on 20 Jun 2011 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 asked the U.S. solicitor general for comment on a bankruptcy case in which the Bankruptcy Code and the Real Estate Settlement Procedures Act (RESPA) are in conflict as it relates to... Read More