Automatic Stay In Bankruptcy

27 May Stay and Discharge Violation Settlements Not Confidential

Bankruptcystops most collection efforts. There's an automatic stay, an injunction, as soon as the case is filed. Then there is the discharge injunction, when the case is over. Those are the core protections you want and get by filing the bankruptcy case. That's why you...

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03 May Bankruptcy Judges Try to Protect “Honest but Unfortunate” Debtors

While the recent trend in Congressional tweaking of the Bankruptcy Code and resulting case law decisions from various federal circuit courts and even the Supreme Court has been to reduce the level of protection available to debtors, bankruptcy judges remain extremely protective of the integrity of the automatic bankruptcy stay. A recent Northern District of Georgia case involving a commercial real estate bankruptcy reveals just how seriously bankruptcy judges will go to preserve the core protection of the bankruptcy code.
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