By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...
From the Editor – Automatic Stay
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By The Honorable William Houston Brown (Retired)
Jurisdiction over in rem stay order. An in rem relief from stay order had been entered in the Chapter 13 case of a debtor unrelated to the current pro se Chapter 7 debtor, and the court had jurisdiction in that prior case over the property subject to the stay, pursuant to § 362(d)(4). The foreclosing credit or was entitled to rely on that in rem relief order and had no liability for alleged violation of the automatic stay in the current Chapter 7 case. The current debtor could . . .
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