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automatic stay
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The automatic stay always applies if debtor is named as a defendant

The Second Circuit recently announced a bright-line rule about the triggering of protections afforded by the bankruptcy Automatic Stay, holding that as long as the debtor is named as a party in a lawsuit, such as a foreclosure, the automatic stay applies to any attempted continuation of the lawsuit, and to the enforcement of any judgment Read More

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When You Get Sued For Post-Filing Debt in 13

The automatic stay of Bankruptcy Code section 362(a)(1) prohibits: “The commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action of proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the Read More

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The Automatic Stay and Chapter 13 Serial Filers

The Automatic Stay afforded to repeat (or serial) Chapter 13 filers has long been a thorn in the side of the mortgage industry, as each successive Chapter 13 filing resurrects the Automatic Stay and prevents the mortgage lender from completing their foreclosure. Bankruptcy Code Sections 362 (c)(3)&(4) were intended by Congress to limit the duration Read More

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    225 Dolson Avenue,Suite 303
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