Automatic Stay

Hey, That’s My Automatic Stay!

Sarah Regnier

A bankruptcy judge said the State of Oklahoma can’t use Tronox Corp.’s Chapter 11 filing as an excuse to not pay the chemical company for land it acquired as part of

Judges Examine the Murky Standing of MERS

This year we have learned a lot about the mortgage industry. We have learned about mortgage securitization trusts who couldn't find the note. There have been more cases about debtors emerging from chapter 13 only to be hit with years of undisclosed fees and charges. Earlier this year, I wrote about the problems faced by a firm who claimed that their legal technology system would not let them speak directly to their client. However, one of the big trends this year was courts asking "Who is MERS and why are they filing motions for relief from the automatic stay?"

Is There a Connection Between the Grateful Dead and Chapter 13 Bankruptcy?

Amazingly, yes. Remember this line from Touch of Grey?

Use Federal Law To Stop Creditor Harrassment In Its Tracks

As a bankruptcy attorney, I routinely meet with clients concerned about creditor harrasment. They’re getting called at work, they’re getting called at home, their relatives are even getting phone calls. Needless to say, by the time they get to my office, they’re fed up.

Divorce, Bankruptcy And Conflict Part 2

Divorce and Bankruptcy present a daily problem to all including the bankruptcy lawyer.  Chapter 13 was designed to be a fluid bankruptcy in which it can change along with changes in the debtors lifestyle.  The case can be modified, converted, dismissed, and dismissed and refiled.  The options more then double when the client calls and [...]

H.R. 4173: Can Our Court System Handle Modifying First Mortgages in Bankruptcy?

There are 94 federal judicial districts and approximately 300 Bankruptcy Judges to handle all filings and claims made in the Bankruptcy Courts.

New Massachusetts Bankruptcy Local Rules

The Massachusetts Bankruptcy Court recently amended its local rules. The new rules become effective tomorrow, December 1, 2009. The rules, including a red-lined version, can be viewed here.
Notable changes include new duties to confer in contested matters and practice changes regarding motions for relief from the automatic stay and objections to proofs of [...]