Limited Stay Relief Is Automatic In Massachusetts
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney on May 13, 2009 in Automatic Stay In Bankruptcy, Bankruptcy Practice and Procedure
A secured creditor, or its non-attorney representative, may now send account statements and the like to a debtor without first seeking stay relief, so long as the communication does not demand payment or threaten foreclosure or case dismissal.
The secured creditor may also discuss or negotiate a mortgage modifcation with debtor’s counsel, but not directly with the debtor unless counsel agrees in writing.
Court authority is still required to modify a loan secured by bankruptcy estate property.
This is pursuant to the new Standing Order 09-03.
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