From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

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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