Product Description

Recent updates:

• Update: July 2022

  Dear Subscriber:

  Thank you for updating your library with the 2022 edition of Moving for Relief from the Automatic Stay in Bankruptcy . This latest product brings updated resources within your immediate reach—for fast, accurate, and practical solutions.

  The 2022 edition incorporates materials from Bankruptcy Practice in Massachusetts, substantially enhancing the book's treatment of issues relating to the automatic stay.

  Other highlights from the 2022 edition include

  • case law establishing that Section 362(c)(3) of the Bankruptcy Code provides for termination of the automatic stay with respect to both the debtor and the bankruptcy estate (absent a motion to extend, the automatic stay terminates thirty days after the filing of a second petition for bankruptcy);

  • case law addressing allegations that a continuance of a postpetition foreclosure sale violates the automatic stay;

  • circumstances under which providing information regarding a debtor to a credit reporting agency may constitute a violation of the stay;

  • provisions allowing for dismissal of a bankruptcy case;

  • the effect of a discharge on the rights of creditors;

  • guidance for creditors' counsel in the event of an automatic stay, including remedies available as an alternative to moving for relief from the stay;

  • the scope of the Bankruptcy Court's discretion to grant retroactive relief to creditors with respect to actions taken without knowledge of the stay;

  • case law on defects that could render a mortgage loan void under G.L. c. 183, § 29; and

  • guidance on discovery and evidentiary hearings conducted in connection with motions for relief from the stay.

  We trust you will find this latest version of Moving for Relief from the Automatic Stay in Bankruptcy an invaluable resource for your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Overview of the Automatic Stay

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Chapter 2 expand

Limitations on the Automatic Stay

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Chapter 3 expand

Damages and Costs for Stay Violations

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Chapter 4 expand

What Actions Are Stayed

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Chapter 5 expand

Exceptions to the Automatic Stay

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Chapter 6 expand

Other Events that Terminate the Automatic Stay

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Chapter 7 expand

Motions for Relief from the Automatic Stay—The Creditor’s Perspective

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Exhibit 7A

- Notice of Bankruptcy (Chapter 7) Buy Form

Exhibit 7B

- Notice of Bankruptcy (Chapter 11) Buy Form

Exhibit 7C

- Notice of Bankruptcy (Chapter 13) Buy Form

Exhibit 7D

- Suggestion of Bankruptcy Buy Form

Exhibit 7E

- Notice of Appearance and Request for Service of Papers Buy Form

Exhibit 7F

- Motion for Relief from the Automatic Stay (Chapter 7) Buy Form

Exhibit 7G

- Motion for Relief from the Automatic Stay (Chapter 13) Buy Form

Exhibit 7H

- Stipulation Regarding Motion for Relief from the Automatic Stay Buy Form

Exhibit 7I

- Motion to Approve Stipulation Buy Form

Exhibit 7J

- Notice of Default Buy Form

Exhibit 7K

- Affidavit of Noncompliance Buy Form

Chapter 8 expand

Motions for Relief from the Automatic Stay—The Debtor’s Perspective

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Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

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