P.R. Treasury Department Again Violates Automatic Stay The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income
The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income Tax Return.” The notice pertained to a pre-petition debt...
Receiver Not Excused From Obligation to Turn Over Property to Debtor The appointment of a receiver can be an effective remedy under state law
The appointment of a receiver can be an effective remedy under state law to protect a secured creditor’s collateral.
Does the automatic stay prevent automatic transfer of ownership of
pawned property once the redemption period expires? For the uninitiated, the pawnbroking business has some surprising features.
Automatic Stay Does Not Apply to Dispute Regarding Ownership of Debtor’s Crop Proceeds
Crop Proceeds The U.S. District Court for the Eastern District of Arkansas declined to stay a case which seeks to establish the ownership...
Municipal Revenue Bond Holders Suffer Another Legal Setback
Revenue bonds depend on the revenue from a specific project or source, not the full taxing power of the issuer.
Judge Lamoutte Sua Sponte Revokes Subchapter V Designation From SARE Debtor Entities whose primary activity is the business of owning single asset
Debtor Entities whose primary activity is the business of owning single asset real estate (“SARE”) have long been treated differently in bankruptcy.
Litigation Against Debtor’s Directors and Officers is Cause to Lift Stay to Allow Access to Debtor’s D&O Insurance As part of the ongoing
Stay to Allow Access to Debtor’s D&O Insurance As part of the ongoing bankruptcy of the parent company of Silicon Valley Bank, the U.S.
Bondholders waived their right to a hearing on stay relief by accepting litigation schedule
litigation schedule Sometimes one has to object to the point of risking alienating the district judge in order to prevent waiver of the argument...
City of Chicago v. Fulton was decided by the U.S. Supreme Court on January 14, 2021. The case centered around whether the City of Chicago's refusal
January 14, 2021. The case centered around whether the City of Chicago's refusal to return impounded vehicles after the vehicle owners filed...
Failure to Timely Dissolve Garnishment After Bankruptcy Filing Leads to Automatic Stay Violation
Automatic Stay Violation A creditor was found to have willfully violated the automatic stay by failing to dissolve a pre-petition writ of garnishment.