Many creditors have been warned of the need to halt collection efforts once they are put on notice that a debtor has filed for bankruptcy. However, the “why” behind this warning, mainly the automatic ...

One of the most important protections offered by filing for bankruptcy is the automatic stay, which serves as a shield against many debt collection efforts. An automatic stay provides temporary relief ...

In America’s Servicing Co. v. Schwartz‑Tallard, 2014 DJDAR 12063, the United States Court of Appeal for the Ninth Circuit decided an interesting case arising from allegations that a debt servicing ...

In a recent U.S. Court of Appeals for the Eleventh Circuit case (In re Patel (Case No. 23-12847, 11th Cir. Jul. 8, 2025)), the court considered whether a bankruptcy court had the authority to ...

Of all the provisions of the Bankruptcy Code, Section 362 pertaining to the automatic stay appears more straightforward than most. In spite of the apparent simplicity of the statutory language, ...

Type to search articles, cases, and authors. Press ↵ to view all results. When the Supreme Court hears its first bankruptcy argument of the fall next week in Ritzen Group v. Jackson Masonry, many in ...

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If an LLC is in bankruptcy, can a creditor obtain a charging order against an interest in that partnership without violating a bankruptcy stay? Consider these facts: The primary individual debtor, ...

Brettco is now in its bankruptcy. The first-day motions are out of the way. Brettco can pay its employees the money that was owed before it filed and can pay its bills for the next two weeks, until ...

An automatic stay prevents creditors from taking action to collect on certain debts when you file for bankruptcy. Automatic stays can offer some protection against eviction, foreclosure, repossession ...

If you're researching the term automatic stay, you are probably thinking about declaring bankruptcy. But on a positive note, an automatic stay gives people in a bankruptcy a lot of relief from debt ...