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 the case is being appealed, does the bankruptcy stay stop the appeal? This question is the subject of a recent article in the Florida Bar Journal. Continue reading
Category Archives: Automatic Stay
Does 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. Continue reading
Does 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. Continue reading
Does 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 bankruptcy to reorganize or liquidate the business operation. Continue reading
Does 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. Continue reading
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 bankruptcy. Continue reading
