December 16, 2021
Dear constituency list members of the Insolvency Law Committee:
The following is a case update written by John N. Tedford, IV, a partner at Danning, Gill, Israel & Krasnoff, LLP, analyzing a recent decision of interest.
In Perryman v. Dal Poggetto (In re Perryman), 631 B.R. 899 (9th Cir. BAP 2021), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that continuances of a hearing in a prepetition, nonbankruptcy action against the debtor, whether ordered by the state court, done by the clerk, or requested by a creditor, merely maintains the status quo and does not violate the automatic stay.
Here’s a link to the write-up on the CLA website: click here.
To read the full published decision, click here.