Subscribe To Our RSS Feed
Receive Updates via E-Mail:

Category Archives: Automatic Stay



Digital Federal Credit Union, in the case of In re Evans, 2008 WL 427259 (Bankr.E.D.N.C. 2008), repossessed the debtor’s vehicle seven months after the case had been filed. The debtor’s lawyer called to get the vehicle returned and was told that it would be done by the end of the day. In spite […]



Creditors from time to time violate the automatic stay in bankruptcy, contacting a debtor after the case has been filed. In the case of In re Deailey, 2007 WL 4531804 (Bankr.C.D.Ill. 2007) the U.S. Bankruptcy Court was presented with a motion for default against Chase Bank USA, NA for a violation of the […]



Tonya Denise Price owed money to Navy Federal Credit Union before she filed for bankruptcy. She hired a lawyer, who contacted the credit union before as well as after the case was filed. His message was clear: do not contact my client about her debt because it is in violation of the U.S. […]



The United States Court of Appeals for the Tenth Circuit recently decided Johnson v. Smith, No. 05-8089 and, in doing so, set out nicely the requirements for finding a violation of the automatic stay in bankruptcy.
The case arose when M&M Auto Outlet-Wyoming, Inc. repossessed the debtor’s pickup truck after a Chapter 13 bankruptcy petition had […]



You’ve heard it all before - a creditor continues to send dunning notices to a debtor after the filing of a bankruptcy case. You call to notify of the bankruptcy case information and are told that they never got notice.
Another case of a misplaced court notice, or stonewalling?
You guessed it, folks - you’re being […]