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Blog Posts in Automatic Stay and Bankruptcy

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  • A Creditor Must Timely Return a Vehicle It Repossessed or Be in Violation of the Bankruptcy Code's Automatic Stay
    A Creditor Must Timely Return a Vehicle It Repossessed or Be in Violation of the Bankruptcy Code's Automatic Stay

    In In re Nathan B. Makowski , the 9th Circuit ruled that a creditor willfully violated the automatic stay by failing to return a debtor’s vehicle immediately following his filing for Chapter 13 ...

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  • Auto Repossession - Avoiding It
    Auto Repossession - Avoiding It

    Car Lenders don’t have to wait a certain number of months to repossess your vehicle if you are behind. They don’t have to wait at all. Making a partial payment won’t legally ensure the repossession ...

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  • Car Repossession - Options
    Car Repossession - Options

    Auto finance companies can repossess your car if you are late, they don’t have to wait a certain period of time to do so. Partial payments won’t typically slow the repossession process down and ...

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  • The Automatic Stay of the Bankruptcy Code is what it says -
    The Automatic Stay of the Bankruptcy Code is what it says - "Automatic"

    Every so often, I read a letter or receive a call from an attorney or creditor after the filing of a client’s bankruptcy, that attempts to explain to me the need for my client to file a motion with ...

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  • Bankruptcy and the Automatic Stay - Mesa Arizona
    Bankruptcy and the Automatic Stay - Mesa Arizona

    If you file for bankruptcy, all collection activity by creditors must stop with a few exceptions. The part of the law governs this is called the “automatic stay”. So if a creditor is trying to collect ...

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  • Chapter 13 Bankruptcy and the Automatic Stay for Arizona Debtors
    Chapter 13 Bankruptcy and the Automatic Stay for Arizona Debtors

    The bankruptcy automatic stay or simply the “stay” from here on out, is a Court Order that becomes effective on the date of the bankruptcy filing that protects the bankruptcy filer from most creditor ...

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