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Chapter 7 Foreclosure Automatic Stay

Maynard Nexsen

Creditors Beware: Bankruptcy Stay May Shield Property Possessed but Not Owned by Debtor

Maynard Nexsen on

The automatic stay triggered by a bankruptcy filing may protect the debtor’s residence even if the debtor does not own the property, according to a recent decision from a New York-based federal appeals court....more

Pullman & Comley, LLC

Bankruptcy Beat: Does The Automatic Stay Apply To Stay Acts Against An Individual Debtor’s Wholly-Owned Company?

Pullman & Comley, LLC on

A vexing issue for some creditors arises when an individual who is typically a guarantor or co-debtor of his wholly-owned company’s debt files bankruptcy under chapter 7, 11 or 13 and then takes the position that the...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

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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