Critical Case Comment – In re Zarnel, 2010 WL 3341428 (2d Cir. Aug. 26, 2010) (Livingston)

In re Zarnel, 2010 WL 3341428 (2d Cir. Aug. 26, 2010) (Livingston)

A debtor that fails to obtain a pre-petition briefing nonetheless commences a bankruptcy case when a petition is filed and the automatic stay is invoked.

Summary of the Case

Several debtors filed bankruptcy petitions having failed to receive a pre-petition briefing prior to the filing of the petition. The bankruptcy court “struck” the petitions, noting that because the debtors had failed to receive . . .

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