Foreclosure Sale Violates Automatic Stay when a Debtor is a ...

The automatic stay is violated by a creditor when it tries to proceed with a foreclosure in which the debtor is named, even if that debtor only had a ...

Foreclosure Warning: Property Possessed but Not Owned by a ...

The "automatic stay" provides fundamental protection to debtors, mandating a full stop on collection activity. Creditors violate the stay at ...

Recent Second Circuit Decision Holds that Conducting a ...

Recent Second Circuit Decision Holds that Conducting a Foreclosure Sale upon a Property After a Tenant Files for Bankruptcy Violated the ...

Second Circuit Finds Willful Stay Violation in Foreclosure Sale of ...

Upon Debtor's appeal, the District Court reversed the Bankruptcy Court, holding that Bayview had willfully violated the automatic stay because: ...

Second Circuit Holds That Mortgagee Violated Automatic Stay by ...

The automatic stay provisions in the Bankruptcy Code are intended to protect debtors by prohibiting any actions or legal proceedings that may dissipate the ...

Automatic Stay Violation - wrongful foreclosure attorney

If a trustee does not stop a foreclosure sale after being notified of a bankruptcy filing, this is a violation of the automatic stay resulting in statutory ...

Foreclosure, Bankruptcy and Automatic Stays - Molleur Law

This Notice is effective immediately and triggers a protection for debtors called an 'automatic stay.' Essentially, the automatic stay freezes ...

Second Circuit's Bright-Line Rule Spells Trouble for Unwary Lenders

Under the Second Circuit's new rule, whenever a defendant in a foreclosure proceeding files a bankruptcy petition, the automatic stay is triggered, halting the ...

Creditors Beware: Bankruptcy Stay May Shield Property Possessed ...

... foreclosure sale, the individual debtor filed a Chapter 7 bankruptcy petition. ... A creditor found in violation of the automatic stay may ...

Bankruptcy Court Upholds Foreclosure Sale That Occurred Between ...

However, the automatic stay terminates upon a debtor's dismissal and closure of the bankruptcy case. A Pennsylvania bankruptcy court recently ...

Measure Twice, Cut Once and Don't Violate the Automatic Stay!

The debtor gave notice of the bankruptcy filing to the lender and asserted that continuation of the sale would violate the automatic stay. The ...

Foreclosure on Debtor's Residence does not Violate Automatic Stay ...

Foreclosure on Debtor's Residence does not Violate Automatic Stay when the Debtor has no Property Interest in his Marital Property and no Dispossessory ...

The Automatic Stay and its Effect on Foreclosure Actions

If a foreclosure action were to continue despite the automatic stay being in place, then that creditor would be in violation of the automatic ...

What Is The Automatic Stay And How Does It Work? - Essex Richards

If a creditor “willfully” violates the automatic stay and this violation injures an individual, the law requires the creditor to pay the individual actual ...

Can a Creditor Violate the Automatic Stay and Take Collection ...

The automatic stay is an injunction that stops creditors or debt collectors from continuing with any existing collection actions against you.

Foreclosure After Property Has Been Abandoned by Bankruptcy ...

Foreclosure After Property Has Been Abandoned by Bankruptcy Trustee May Violate Automatic Stay ... Under Section 554 of the Bankruptcy Code, a ...

Foreclosure Sale: Does A Week-To-Week Adjournment Violate The ...

In Henson a foreclosure sale was stayed by the debtors' filing of a chapter 13 bankruptcy. The bank allowed the sale date to be automatically continued from ...

Bankruptcy Court Holds Individual Guarantor's Bankruptcy Petition ...

Operating under the general rule that the automatic stay does not prevent a creditor from pursuing collection of a debt from a non-filing co- ...

Best Practices: Understanding the Automatic Stay in Bankruptcy

Debtors commonly utilize the automatic stay to halt a foreclosure sale. Once the debtor files bankruptcy, any foreclosure sale of the debtor's ...

Continuing a Foreclosure Sale: Violation of the Automatic Stay or Not?

So any stay violation could not have been willful, and thus the debtor could not recover damages. Consequently, the BAP concluded that the only ...