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Title : Putting Some Teeth Into The Automatic Stay Violation
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Putting Some Teeth Into The Automatic Stay Violation

One of the most important benefits of filing for bankruptcy protection is the enforcement of the Automatic Stay, found in 11 USC 362(A). The Automatic Stay is so important that the provision against multiple and frequent filings does not always apply to this provision, see In Re Bateman, 341 B.R. 540 (Bankr. D. Md., 2006) where the Debtor actually filed a bankruptcy case for the protections of the automatic stay and not to discharge any unsecured debt. What this legal term ("Automatic Stay") means in plain and simple English is that, once a Debtor files for bankruptcy, no Creditor can continue to attempt to collect an old debt by contacting the Debtor, or by taking possession of anything that the Debtor owns. In fact, the Automatic Stay will even cancel any court hearings and stop a foreclosure of the Debtor's property. I believe the Fifth Circuit articulated the purpose of the stay the best when it stated, "For the debtor, it provides a breathing spell by stopping all collection efforts, all harassment, and all foreclosure actions... the stay also serves the interest of creditors, insofar as it eliminates the impetus for a race of diligence by fast-acting creditors." SEC v. First Financial Group, 645 F.2d 429, 439 (5th Cir.1981).

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