By Eric K. Fox, Esq. (Hendersonville, TN) Jane Debtor has a home with a mortgage. An unsecured creditor obtains a judgment against Jane for, say, a credit card debt. Creditor’s attorney records a certified copy of the judgement order with the county register of deeds, thereby converting the unsecured claim against Jane in personam, to a secured claim against her...
Stay It Isn’t So! Is the Automatic Stay Eroding in the Tenth Circuit?
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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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