On March 26, 2026, the U.S. Bankruptcy Court for the District of Delaware (Hon. Brendan L. Shannon) entered a provisional order in In re The Cannabist Company Holdings Inc., Case No. 26-10426 (BLS), extending stay protections to the non-debtor U.S. subsidiaries of a Canadian cannabis company whose parent is restructuring under Canada’s Companies’ Creditors
Automatic Stay
Fourth Circuit Affirms That Disclaimer-Bearing Mortgage Communications to a Chapter 13 Debtor Are Not Debt Collection
By Carl D. Neff on
In Palazzo v. Bayview Loan Servicing, LLC, No. 24-2169 (4th Cir. Mar. 20, 2026, amended Mar. 31, 2026), the Fourth Circuit affirmed summary judgment for two mortgage servicers on FDCPA and automatic stay claims brought by a Chapter 13 debtor. Applying the “commonsense inquiry” the court adopted in In re Dubois and reaffirmed in…
Insurance Coverage Considerations When Negotiating Stay Relief in Bankruptcy Cases
By Carl D. Neff on
When personal injury attorneys face a defendant who files for bankruptcy, progress on the case suddenly halts as the automatic stay takes effect. While obtaining relief from the stay is the first challenge (as discussed in my previous article), understanding the insurance coverage landscape is equally critical. Most successful stay relief negotiations involve limiting…
Top Five Tips for Commercial Landlords Dealing with a Tenant in Bankruptcy
By Carl D. Neff on
There has been no shortage of significant bankruptcy filings in 2020 as a result of the ongoing pandemic. Large companies such as J.C. Penney, Brooks Brothers, Lucky Brand, GNC, subsidiaries of Regus, and others, have all filed for bankruptcy protection, citing the coronavirus for sharply reduced sales at their brick and mortar stores.
These filings…
Seeking Relief from the Automatic Stay to Pursue a Personal Injury Claim
By Carl D. Neff on
When a defendant in a personal injury lawsuit files for bankruptcy, the “drill” is familiar: a suggestion of bankruptcy is filed, the case is stayed, and no further action can be taken to liquidate the personal injury plaintiff’s claims until the automatic stay is lifted.
So how does a personal injury claimant go about lifting…
Supreme Court Holds that a Bankruptcy Court’s Denial of Motion for Relief from Stay is a Final, Appealable Order
By Carl D. Neff on
The United States Supreme Court, in a unanimous decision authored earlier this year by Justice Ginsberg, held that a bankruptcy court’s denial of a motion for relief from stay is a final, appealable order, and therefore must be appealed within the time frame set forth in Federal Rule of Bankruptcy Procedure 8002. Ritzen Group, Inc. …