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...
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.
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...
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...
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...
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
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...
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”...
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...
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...
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...
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...