Putting teeth into the Automatic Stay

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One of the most important benefits of filing for bankruptcy protection is the enforcement of the Automatic Stay, found in 11 USC § 362(A). The Automatic Stay is so important that the provision against multiple and frequent filings does not always apply to this provision, see In Re Bateman, 341 B.R. 540 (Bankr. D. Md., 2006) where the Debtor actually filed a bankruptcy case for the protections of the automatic stay and not to discharge any unsecured debt.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Goldstein, Phillips Law Offices, LLC | Attorney Advertising

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