Creditor Not Sanctioned For Stay Violation
Overheard an interesting Chapter 7 bankruptcy case in bankruptcy court concerning a debtor’s petition to sanction a creditor for pursuing a state court case against the debtor after he filed...
View ArticleDoes Second Chapter 13 Bankruptcy Stop Foreclosure?
Today I had my first hearing on a motion to extend the automatic stay in a Chapter 13 bankruptcy case. In this instance, the debtor filed a Chapter 13 early this year, and the Court dismissed his...
View ArticleDoes Business’s Bankruptcy Stop Lawsuits Against the Business Owners?
Many personal bankruptcies are filed by owners of failed small businesses. Sometimes the bankruptcy is filed by the owner to discharge personal liability, and other times the business entity files...
View ArticleDoes Sending 1099 To Bankruptcy Debtor Violate Automatic Stay?
A bankruptcy attorney called me today with a question. He represents a Chapter 7 bankruptcy debtor who lost a house to foreclosure. The debtor listed the mortgage company on his bankruptcy petition....
View ArticleDoes Bankruptcy Automatic Stay Apply to Creditors Located In Other Countries?
The automatic stay imposed by the filing of a bankruptcy stops all creditors from taking any action to collect a debt from the Debtor or to interfere with property of the bankruptcy estate. I represent...
View ArticleArticle Discusses Appellate Proceedings and the Automatic Stay
The bankruptcy stay stops all collection actions including court cases in which the debtor is being sued. If a bankruptcy debtor is a party to a state civil case where a judgment has been entered and...
View ArticleWhen Bankruptcy Stops Residential Evictions
An attorney called me to ask whether he continue a residential eviction after the tenant filed Chapter 13 bankruptcy. The landlord’s attorney had already obtained a writ of eviction for non-payment of...
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