By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Overview Filing considerations. Perfect Storm! Pensions going down. Healthcare costs going up. Home Equity high. Medical debts increasing. Limited income. Common considerations. Embarrassment. Many of the elderly are from a generation which regards bankruptcy as an indication of moral failure and shame. Confidentiality. May not want family members, including a spouse,...
From the Editor – Automatic Stay
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By The Honorable William Houston Brown (Retired)
Stay applies to property interest acquired post-confirmation. The confirmation order provided that property remained in the estate until plan completion; therefore, the debtor’s vehicle purchased post-confirmation became property of the estate, despite the debtor’s misrepresentation to the seller that she was not in a bankruptcy case. The debtor subsequently amended schedules and notified the seller of the bankruptcy. Therefore, repossession of the vehicle was a willful violation of the automatic stay. The seller’s knowledge of the bankruptcy prior to the repossession subjected it to . . .
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