JD Supra

The Bankruptcy Code’s Automatic Stay Is Not So Automatic for DOL Wage and Hour FLSA Enforcement Actions

The U.S. Bankruptcy Code (the “Code”) § 11 U.S.C. § 362(a)(1) provides that when a party files for bankruptcy, an automatic stay is triggered. However, it turns out that there are limitations to the ...
JD Supra

First Impressions: Tenth Circuit BAP Rules that Section 364 of the Bankruptcy Code Does Not Apply to Chapter 11 Exit Financing

The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to obtain credit or financing during the course of a bankruptcy case is often crucial to the debtor's prospects for ...
SCOTUSblog

Opinion analysis: Justices stick with Bankruptcy Code text, rejecting Ninth Circuit’s creative punishment of lying bankrupt

Type to search articles, cases, and authors. Press ↵ to view all results. As quick off the mark as usual, Justice Scalia’s unanimous opinion for the Court in Law v. Siegel was the Court’s first ...
Law

Punitive Damages for Violations of the Automatic Stay: Bankruptcy Code 362(k)

Bankruptcy Code Section 362 (k) authorizes the imposition of punitive damages for a willful violation of the automatic stay. In determining whether to impose punitive damages, several bankruptcy ...