From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Landlord violated stay by premature eviction. Following the landlords’ motion for stay relief and continuances of the hearing, the parties consented to a stay modification to be effective 14 days after entry of the order. The order specifically stated that stay termination would not be effective for 14 days, under Bankruptcy Rule 4001(a)(3); however, the landlords did not wait to change the locks and remove the debtor’s personal property. The landlords argued that the stay terminated 60 days after their motion was filed under § 362(e . . .

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Fourth Circuit: Brittner v. Beach Anesthesia

Edward C. Boltz

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Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay: (1) that a bankruptcy...

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Social media and internet dating sites have given rise to romance and confidence schemes. Catfishing and spear phishing are extensively used. Catfishing is faking an identity on the internet. Spear phishing uses more sophisticated and direct messages to trick the victim. New AI programs make it easier to reach and victimize the targets. The fraudsters prey upon the elderly, widowed...

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By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...

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