Rule 62 of the Federal Rules of Civil Procedure[1] addresses a stay of proceedings to enforce a judgment. Amendments to Rule 62 became effective on December 1, 2018. The amendments reorganize the Rule somewhat, clear up some confusing timing issues, and replace the term “supersedeas bond” with “bond or other security.” As to timing, amended Rule 62(a) extends the automatic stay of judgment enforcement from 14 days to 30 days following entry of judgment. According to the Advisory Committee, this change from 14 to 30 days resolves an “apparent gap” between the expiration of the automatic stay after judgment and… Read more
Tag: automatic stay
Emotional Distress Damages Recoverable for Violation of Bankruptcy Automatic Stay
In Lodge v. Kondaur Capital Corp., Case No. 13-10919 (decided May 8, 2014), the United States Court of Appeals for the Eleventh Circuit decided an issue that it never previously addressed: whether a party could recover damages under 11 U.S.C. § 362(k) for emotional distress resulting from another party’s violation of the automatic stay in bankruptcy. In Lodge, the Court held that such damages were recoverable but could not be recovered in the particular circumstances of that case. The plaintiffs owned a home subject to a mortgage. One of the owners filed for bankruptcy, which resulted in an automatic stay against… Read more