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About
Meet the Academy
Public Articles
Positions Available
Contact Us
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Home
About
Meet the Academy
Public Articles
Positions Available
Contact Us
Home
About
Meet the Academy
Public Articles
Positions Available
Contact Us
Automatic Stay
Critical Case Comment–Should’a Returned the Car
Henry E. Hildebrand, III
January 8, 2023
Post-petition repossession of debtor’s automobile, deliberate indifference to debtor’s request for return and ignoring hearings before the Court merit not...
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Members
Critical Case Comment – No Such Thing as “Technical” Violation of the Stay
Henry E. Hildebrand, III
February 20, 2022
Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing...
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Members
The Kill Switch and The Stay
July 11, 2021
Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) A “kill switch” is a device which can be used...
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Members
The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate
June 28, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on...
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Members
Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone
June 21, 2020
By Academy Staff The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, providing a Chapter...
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Members
Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?
February 23, 2020
By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) There are two legal battles...
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Members
Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?
February 9, 2020
By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal...
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Members
In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542
June 30, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated...
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Members
Looking Beyond Taggart: Is the Contempt Standard for a Stay Violation the Same as for a Discharge Injunction Violation?
May 5, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Background Last year, the Ninth Circuit in In re Taggart1...
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Complete Termination of The Automatic Stay Under §362(c)(3)(A) According to the First Circuit
March 3, 2019
By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA) The filing of a bankruptcy...
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