Displaying Journal Articles with Tags Automatic Stay

As most observers acknowledge, the automatic stay and the discharge injunction are the two cornerstones of consumer bankruptcy law. They are, respectively, a fundamental debtor protection and a fundamental debtor objective. 1 The automatic …

Editor's Note: Part I was published in the May 2006 issue of the ABI Journal. Part II examines the legality of a mortgage creditor's attempts at post-closing collection of mortgage-related fees and charges incurred during the pendency of a …

Three strikes and yer out!" 1 That quintessential American idiom is now codified in the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Should a debtor file a third petitio…

One of the primary reasons people file for bankruptcy is to obtain a stay 1 against certain creditor actions. Prior to the enactment of BAPCPA, 2 the stay went into effect the moment the case was filed, hence the term "automatic stay," and …