By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...
The Automatic Stay: Who Knows Who May Come After Violators?
Print This Article
Link to Post:
Tom Waldron, a former bankruptcy judge and current Advisor to the NACTT Academy, lives in Tucson, AZ.[email protected].
Conventional wisdom has always recognized that violations of the automatic stay can be asserted by an aggrieved debtor or a trustee alleging injury to property of the estate; however, a recent decision of the Fifth Circuit holds that a creditor of the debtor satisfies both the constitutional and prudential standing requirements to pursue damages for alleged stay violations. St. Paul Fire &Marine Insurance Company v. Theodore and Deeann . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Ask Ms. Ps and Qs
New Judge Appointed
From the Editor – Attorney Sanctioned
Critical Case Comment – You Gotta Tell SOMEBODY!
The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate
ABI Commission on Consumer Bankruptcy – A Chapter 7 Trustee’s Sale of Encumbered Property
How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off
From the Editor
Meet a Newish Trustee
From the Editor – Classification