Annulment cures violation of automatic stay

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 10, 2020 10:46 AM

William J. Mark inadvertently violated the automatic stay that was activated when Linora Gonzalez petitioned for relief under Chapter 13 of the Bankruptcy Code. The violation occurred when Mark received a tax deed for a residence Gonzalez listed on Schedule B as property in which she had an interest due to someone’s death. But Mark’s misstep was unintentional because Gonzalez failed to list the house on Schedule A and he wasn’t notified of the bankruptcy. Invoking Section 362(d) of the Bankruptcy Code, Mark argued there …

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