By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...
The Automatic Stay: Who Knows Who May Come After Violators?
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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 . . .
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