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    March 2010
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Disdain for Automatic Stay Everywhere

Automatic stay

I have more actions against creditors for violation of the automatic stay going right now than I have brought in the entirety of my nearly 30 year career. What is it that makes creditors so heedless of a federal court injunction?

I have clients complaining of staid banks like Bank of America calling multiple times a day after they got notice of the bankruptcy; Chase trying to foreclose on a client’s house despite the automatic stay; the State of California levying against a Chapter 13 debtor for the second time in two years, well after the bankruptcy case was filed.

Is it desperation on the part of creditors? A general disdain for the law? Budgets that don’t permit training of staff?

I don’t know, but my mission is to make this scofflaw attitude costly for creditors. Debtors are entitled to a respite from collection efforts. It’s about time creditors got the message.

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