Ineligible debtor may ‘commence’ bankruptcy case 
By:
Pat Murphy
Published: August 27, 2010
Tags: automatic stay, Bankruptcy Abuse Prevention and Consumer Protection Act, credit counseling
A debtor may “commence” a bankruptcy case and receive the protection of the automatic stay – even though he has failed to meet the new credit counseling requirements for bankruptcy eligibility, the 2nd Circuit has ruled in reversing judgment.
Lender can perfect lien after bankruptcy filing
By:
Pat Murphy
Published: July 21, 2010
Tags: automatic stay, Chapter 7, liens
A bank could perfect its lien regarding an auto loan after the borrower filed for bankruptcy, the 10th Circuit has ruled in reversing judgment.
Bankruptcy stay bars action to enforce divorce decree
By:
Pat Murphy
Published: June 9, 2010
Tags: automatic stay, CHAPTER 13, divorce
The automatic stay in a bankruptcy case barred a state proceeding to hold the debtor in contempt for violating the terms of her divorce decree, the Colorado Supreme Court has ruled in vacating a sanction.
Fines for unauthorized practice of law not dischargeable
By:
Sylvia Hsieh
Published: March 3, 2010
Tags: automatic stay, unauthorized practice of law
Penalties for the unauthorized practice of law are not dischargeable in a Chapter 7 bankruptcy, the Ohio Supreme Court has ruled.
Prior order lifting bankruptcy stay enforceable
By:
Pat Murphy
Published: February 23, 2010
Tags: automatic stay, Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13, Chapter 7
Recent amendments to the U.S. Bankruptcy Code not do prevent the enforcement of an order lifting the automatic stay issued in a previous bankruptcy case filed by the debtor, the 5th Circuit has ruled in affirming judgment.
Debtor can recover from lawyer for stay violation
By:
Correy Stephenson
Published: October 2, 2009
Tags: attorney fees, automatic stay
A lawyer violated the automatic stay by defending an overbroad state court order – and the debtor can recover his attorney fees for enforcing the automatic stay and remedying the stay violation, the 9th Circuit has ruled.
Auto lender must return debtor’s vehicle
By:
Pat Murphy
Published: May 29, 2009
Tags: automatic stay
An auto lender was required to return a repossessed vehicle once the borrower filed for bankruptcy, the 7th Circuit has ruled in reversing a denial of sanctions.
Auto lender violated bankruptcy stay
By:
Pat Murphy
Published: May 27, 2009
Tags: automatic stay
An auto lender violated the automatic stay in a bankruptcy case when it applied loan payments made through automatic deductions from the debtor’s paychecks, the 8th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
University’s failure to provide transcript violates automatic stay
By:
Sylvia Hsieh
Published: April 20, 2009
Tags: automatic stay, student
A university’s refusal to provide a transcript to a student debtor who owed tuition was a violation of the automatic stay, the 7th Circuit has ruled.
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