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...
Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
The automatic stay does not require a creditor pursuing a prepetition nonbankruptcy court action to dismiss that action once a bankruptcy case is filed; requesting continuances and attending status conferences do not constitute “continuation” of the prepetition action for purposes of the automatic stay. (Brand) Perryman v. Poggetto (In re Perryman), 2021 WL 4742673 (9th Cir. BAP October 8, 2021)
Case Summary
Karen Dal Poggetto sought a dissolution of marriage from Jerome Perryman in 2017. The parties reached a marital . . .
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