From the Editor’s Desk – Automatic Stay

By The Honorable William Houston Brown (Retired)

No stay relief to pursue dischargeable claim. The creditor’s prepetition state court actions for malpractice and negligence were dischargeable claims, and the creditor did not timely file a dischargeability complaint on fraud claim; therefore, there was no point in granting requested stay relief to pursue discharged debts. Chae v. Bennett (In re Bennett), 501 B.R. 93 (BAP 8th Cir. 2013).

Debtor wife bound by in rem relief in husband’s prior case. Applying § 362(d)(4), a properly recorded order granting in rem . . .

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