By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) The Covid-19 pandemic postponed the 2020 Masters Golf Tournament, originally scheduled for early spring. It was eventually held November 12th through 15th. The winner was Dustin Johnson. Additionally, the 2020 Wimbledon Tennis Tournament was cancelled for the first time since 1945 (due to World War II). For the...
From the Editor – Automatic Stay
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By The Honorable William Houston Brown (Retired)
Debtor stated plausible claim for stay violation. The district court applied improper standard in dismissing the Chapter 13 debtor’s action for violation of the stay by foreclosure. The district court found the complaint did not adequately allege that the substitute trustee had notice of the second bankruptcy filing before foreclosure, but the Circuit Court disagreed, with the complaint alleging facts that more than adequately supported adequate notice and injury caused by the violation. The complaint stated a cause of action under § 362(k), with dismissal reversed. Houck . . .
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