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Ninth Circuit decision allows debtors to collect attorney fees for enforcing the automatic stay in bankruptcy cases

USA - November 11 2015 The Ninth Circuit has overruled its own relatively recent decision and held that a debtor who sues for damages to redress a violation of the...

Doing business with a potentially insolvent or bankrupt company

USA - May 14 2015 It is a familiar issue for in-house counsel and credit managers: though you try to ensure that your key customers are stable, credit-worthy...

The final word on Mwangithe Ninth Circuit holds debtor cannot recover alleged damages for a stay violation arising from an administrative freeze on the debtor’s bank account

USA - December 22 2014 The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank...

Clarissa Collier, Mona L. Burton.

Ninth Circuit rules that a debtor may in certain circumstances recover attorney’s fees incurred in prosecuting a stay violation (or, how a creditor can turn a small debt owed to it by the debtor into a large debt it must pay to the debtor)

USA - December 9 2014 If a creditor violates the automatic stay by seizing property of the estate and fails to cure that violation before the debtor files an action under...

Clarissa Collier, Mona L. Burton.

Sixth Circuit sets standards for determining whether a livestock lease is a true lease or a disguised secured transaction

USA - November 11 2014 In a split decision, the Sixth Circuit Court of Appeals in its opinion in Sunshine Heifers, LLC v. Citizens First Bank (In Re: Lee H. Purdy), 763 F...

Clarissa Collier, Mona L. Burton.