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Chapter 7 Automatic Stay Consumer Bankruptcy

Ward and Smith, P.A.

Can a Creditor Violate the Automatic Stay in Bankruptcy by Doing Nothing?

Ward and Smith, P.A. on

Filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. If a creditor wants to continue a lawsuit against a debtor outside of bankruptcy, repossess...more

Goodwin

Exercise of Post-Petition Right to Setoff Without Court Permission Violated Automatic Stay

Goodwin on

On November 16, 2016, the United States Bankruptcy Court for the Western District of Kentucky found that a creditor exercising its post-petition right to setoff without bankruptcy court permission had violated the automatic...more

Troutman Pepper

Delinquent Property Tax Collection: Dancing Around the Automatic Stay

Troutman Pepper on

In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) – After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the...more

Hinshaw & Culbertson LLP

Creditor's Willful Violation of Automatic Stay Results in Fee Award

Hinshaw & Culbertson LLP on

In Snowden v. Check Into Cash of Washington Inc. (In re Snowden), 2014 DJDAR 12677, the United States Court of Appeals for the Ninth Circuit decided a bankruptcy case involving the award of attorney fees....more

Troutman Pepper

Automatic Stay: What Happens When a Case is Reopened?

Troutman Pepper on

U.S. Bank, N.A. v. Brumfiel (In re Brumfiel), 514 B.R. 637 (Bankr. D. Colo. 2014) – After a debtor reopened her chapter 7 bankruptcy case, a lender moved for relief from the automatic stay in order to continue with a...more

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