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Moving for Relief from the Automatic Stay in Bankruptcy

Detailed guidance, best tactics

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  • Product Number: 2224789WFM
  • Publication Date: 7/15/2022
  • Edition: 4th Edition 2022
  • Copyright: © 2022 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Product Description

    Product Description

    The automatic stay in bankruptcy can have immediate and damaging consequences for your client. This publication sets forth expert practical guidance on evaluating the scope and effect of the stay, counseling your client on the available options, and moving for relief from the stay where appropriate so your client can resume suspended actions. Detailed instructions and commentary lead you through each of the steps necessary to comply with the bankruptcy court's requirements and obtain the requested relief. Frequent practical tips and illustrative exhibits provide you with the tools you need for successful advocacy.

    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

    Table of Contents

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    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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