Automatic Stay

Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff [Video]

by Bloomberg Law on 3/27/2013

March 27 (Bloomberg Law) -- There was no settlement afoot when U.S. District Judge Jed Rakoff put off a hearing on an effort by the trustee for Bernard L. Madoff Investment Securities LLC to block a $410 million settlement...more

When in Doubt, File a Motion: Trends Concerning Automatic Stay Violations

by Travis Knobbe | Spilman Thomas & Battle, PLLC on 3/15/2013

Bankruptcy filings in Virginia, and nationwide, declined significantly in 2012, and it appears the decline is continuing in 2013. However, thousands of cases continue to be filed, and it is important for practitioners to...more

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

by Harrison Denman | White & Case LLP on 3/11/2013

Originally published in the NYU Journal of Law & Business - Vol. 9:269, 2012. This article suggests that the generally accepted “offensive/defensive” standard used by bankruptcy courts to determine whether a debtor may...more

The Magic of the Automatic Stay, Section 362(a): Part II

by Win Mims | Jeff Field & Associates on 2/1/2013

Many legal writers have observed that the purpose of the stay is to provide a “breathing spell” while the facts in a bankruptcy case are sorted out....more

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

by Daniel Beck, Christopher Camardello, Kristopher (Tip) Lee, Michael Rosow, Jacob Sellers | Winthrop & Weinstine, P.A. on 1/9/2013

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the...more

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

by Thomas Curtin, Douglas Mintz | Cadwalader - Financial Restructuring on 1/3/2013

In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift...more

Using Letters Of Credit For Tenant Credit Enhancement

by Michael Kuhn | Jackson Walker on 1/3/2013

I. Introduction. Cash security deposits (typically in the amount of one or two month’s rent) have been the traditional form of tenant credit enhancement required by commercial landlords. However, in instances where...more

The Magic of The “Automatic Stay”: Part 1

by Win Mims | Jeff Field & Associates on 1/2/2013

For me, the keystone or centerpiece of all of the interacting parts of the Bankruptcy Code is the automatic stay. The stay is the fundamental shield available to our clients who file for relief from creditors in a Chapter 7...more

Bankruptcy Law Update - December 2012

by Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, H. William Shure | Pullman & Comley, LLC on 12/21/2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

Focus on Insolvency and Environment: Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 (the “Abitibi case”): Clean-Up...

by Shauna N. Finlay | Dentons on 12/20/2012

Introduction - The Supreme Court of Canada (the “SCC”) recently released an important decision relating to how provincial clean up orders against corporations may be treated when that corporation enters creditor...more

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Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff [Video]

When in Doubt, File a Motion: Trends Concerning Automatic Stay Violations

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

The Magic of the Automatic Stay, Section 362(a): Part II

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

Using Letters Of Credit For Tenant Credit Enhancement

The Magic of The “Automatic Stay”: Part 1

Bankruptcy Law Update - December 2012

Focus on Insolvency and Environment: Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 (the “Abitibi case”): Clean-Up...

Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff [Video]

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