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

Category Archives: Automatic Stay



The recent case of In re Sullivan, 2007 WL 987328 (Bankr.N.D.N.Y. 2007) follows a line of decisions from the US Bankruptcy Court for the Northern District of New York that add teeth to the proposition that debtors should be compensated for the damages that arise from creditors systemic, continuing and egregious violations of the automatic […]



In most bankruptcy cases, an automatic stay is entered as soon as you file your case. The effect of this automatic stay is to prevent creditors from continuing to collect on debts. That means no phone calls, no collection letters, no legal action, no repossession, no foreclosure, not even a birthday card. No […]



In the case of In re Wright, Case No. 04-18487-CEC (Bankr. E.D.N.Y. 2005) the law firm of Sharinn and Lipshie P.C. was held liable for violating the automatic stay by failing to remove a lien the firm had placed on the debtor’s checking account, even after it had received notification of the filing of […]



I typically put a clause in my Chapter 13 plans that specifically rejects the arbitration provisions contained in any consumer credit agreements.  Today during a hearing on confirmation in the Eastern District of New York I was questioned on the subject; the case trustee didn’t care for the provision, and the judge was curious about […]



Chapter 7 debtor, Syrria Adomah brought a motion for damages on Bank of America for an alleged violation of the automatic stay of ยง 362 of the Bankruptcy Code in the US Bankruptcy Court for the Southern District of New York. The key facts were that Bank of America failed to release a restraint […]