From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Effect of defective mailing address. Discussing the presumption of receipt of mailed notice of the bankruptcy filing, the court discussed the factors to consider when there was a defect in the address. The address used by the debtor was to the correct street address but contained no suite or floor number, and the address was an office building with 100 other companies. With a weakened presumption of delivery, the testimony of the creditor established that the notice was not delivered, and stay was annulled to retroactively validate foreclosure, in . . .

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