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Relief from Stay needed?
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To quote 11 usc 362(a):
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applicable to all entities, of the commencement or continuation . . . of a
judicial action against the debtor . . .
The code doesnt qualify all entities according to their notice or lack
thereof. The stay applies.
- John D. Faucher
On 10/12/10 2:03 PM, "lsimons_esq" wrote:
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> I have a client in a confirmed chapter 13. He didn't advise me that he was
> behind on him commercial rent, so the landlord was not listed. Landlord files
> a UD and I send the landlord a notice of stay. Landlord claims that because
> they were not listed as a creditor, the stay does not apply to them. I know
> they are not "provided for" under the plan, but shouldn't they stay still
> apply?
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>>> - John D. Faucher
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Re: [cdcbaa] Relief from Stay needed?
To quote 11 usc 362(a):
“ . . . A petition filed under . . . this title . . . operates as a stay, applicable to all entities, of the commencement or continuation . . . of a judicial action against the debtor . . .”
The post was migrated from Yahoo.
I have a client in a confirmed chapter 13. He didn't advise me that he was behind on him commercial rent, so the landlord was not listed. Landlord files a UD and I send the landlord a notice of stay. Landlord claims that because they were not listed as a creditor, the stay does not apply to them. I know they are not "provided for" under the plan, but shouldn't they stay still apply?
The post was migrated from Yahoo.