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Tag Archives: automatic stay

Ineligible debtor may ‘commence’ bankruptcy case

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.

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Auto lender violated bankruptcy 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.

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