AUTOMATIC STAY – SECTION 362
Quick Page Index
- 1 AUTOMATIC STAY – SECTION 362
- 1.1 VIOLATION OF THE AUTOMATIC STAY:
- 1.2 The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code
- 1.2.1 The Automatic Stay v. The Discharge
- 1.2.2 An order discharging the debt alters the legal nature of the debt and prohibits collection efforts.
- 1.2.3 Reorganizations
- 1.2.4 If a case is dismissed the debts return to the same position as before the bankruptcy was filed, offset by any monies the creditors received during the case. (11 U.S.C. § 1307)
- 1.2.5 US SUPREME COURT DECISON: TAGGART
- 1.2.6 What is the standard of contempt under 11 U.S.C. § 524? (Supreme Court decision)
- 1.2.7 Ninth Circuit Bankruptcy Appellate Panel applied the Taggart standard to violations of the automatic stay.
- 1.2.8 § 362(c)(3)(C)(i) and 362(c)(3)(C)(ii)
- 1.2.9 Wells Fargo freezing bank accounts:
- 1.2.10 A 362(k) Claim May Be Brought Without Reopening the Bankruptcy, Circuit Says
- 1.2.11 Supreme Court decides that nunc pro tunc cannot create the fiction of an action that the court did not actually take
- 1.2.12 Acevedo raises this question: Are bankruptcy courts now prohibited from annulling the automatic stay?
- 1.2.13 The debtors filed six chapter 13 petitions and lived rent-free for five years.
- 1.2.14 Are Pre-Petition Waivers Enforceable?