Stay It Isn’t So! Is the Automatic Stay Eroding in the Tenth Circuit?

By Karin N. Amyx, Staff Attorney to the Trustee Carl Davis (Wichita, KS)

The automatic stay is perhaps the most well-known aspect of the Bankruptcy Code. Frankly, it’s the reason most debtors file bankruptcy – to make everything stop and get some breathing room. Of course, exceptions exist to the breadth of the stay1, but historically it prohibits post-petition conduct to exercise control over estate property.2

Several “acts” are prohibited by the stay, including acts to obtain possession or control over estate propertyIt looks like you are not signed in or registered! This content is only available to members.

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Household Size in the Projected Disposable Income Calculation

James M. Davis

February 22, 2026

We hope this is not the last we hear from Attorney Davis, but this article concludes our series on the means test. Watch for the webinar recording to post next week. Access is free to subscribers or $39.99 pay per view.

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Missing Clause Sends Funds Back to Debtors

Henry E. Hildebrand, III

August 11, 2024

Even though the parties agree to apply refunds from a creditor overpayment to unsecured creditors, because the debtor completed payments under the plan, the plan cannot be modified, and the funds must be paid to the debtor.

Members

Why Address Formatting Is So Important for Jurisdiction

October 24, 2021

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope? You didn’t spend three years in law school plus all that money in student loans to address an envelope! But, If the purpose of...

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Honoring Jan Sensenich

Dynele Schinker-Kuharich

September 29, 2024

Jan Sensenich is retiring today . . . . Bidding farewell to Jan is no easy task. He has been a well-respected Chapter 12 Trustee and Standing Chapter 13 Trustee for 33 years . . . We love and will miss you, Jan, but won’t miss you too much! Jan plans to continue writing for ConsiderChapter13.org!!

Declining Cases and Increasing Judicial Vacancies

Kevin R. Anderson

February 18, 2024

With facts and graphs, Judge Anderson discusses lowest filing levels since ’85, the impact of filings on judgeships, weighted caseloads, judicial vacancies, and recall judges.

Members

Lifting the Bar on Discharging Student Loans in Consumer Bankruptcy

Briana Johnson

April 19, 2026

We are pleased to bring another article from a Tom Vaughan Intern. Ms. Johnson does not simply look at discharging student loans, but the much broader picture of how student loans are incurred in the first place – an original perspective.

Members

Form 1099G – How to Fight Back Against Scams

February 21, 2021

By William J. Purdy III (Soquel, CA) Got an EDD tax form 1099 but no benefits? At this moment, POTENTIALLY hundreds of thousands of California taxpayers are enjoying the ghastly experience of receiving a Form 1099G courtesy of the California EDD for unemployment benefits the taxpayer never received. The problem is not confined to California; it’s so prevalent, the IRS...

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Critical Case Comment

Henry E. Hildebrand, III

April 17, 2022

In re Galloway, 2022 WL 1017951 (Bankr. N.D. Ill. April 5, 2022) A Chapter 13 trustee’s final audit and notice of completion of payments is not necessary or a precondition to the court granting a discharge to a debtor who has satisfied the requirements of § 1328. (Judge Thorne) Case Summary Tara Galloway filed a Chapter 13 petition in May...

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Updated PACER Multifactor Authentication Notice

The Academy

September 28, 2025

UPDATE-PUBLIC NOTICE: Multifactor Authentication and Updated Password Standards for PACER and CM/ECF Starting mid-May, the Administrative Office of the U.S. Courts (AO) began enforcing several security features for PACER which included multifactor authentication (MFA) and updated password standards. However, since implementing these security features, PACER Service Center (PSC) has experienced extremely long call wait times due to the enforcement of these...

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

July 14, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division A. Property Acquired After The Filing Of The Chapter 13 Case: The Different Approaches. 1. Property Acquired Post-Petition vs. Property “Vesting In The Debtor”. Click here for Part 2 The broad issue of what becomes property of the Chapter 13 estate post-petition involves consideration of two...

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Stay It Isn’t So! Is the Automatic Stay Eroding in the Tenth Circuit?

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Related Articles

Household Size in the Projected Disposable Income Calculation

Missing Clause Sends Funds Back to Debtors

Why Address Formatting Is So Important for Jurisdiction

Honoring Jan Sensenich

Declining Cases and Increasing Judicial Vacancies

Lifting the Bar on Discharging Student Loans in Consumer Bankruptcy

Form 1099G – How to Fight Back Against Scams

Critical Case Comment

Updated PACER Multifactor Authentication Notice

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

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