AUTOMATIC STAY: Corporate debtor was sued in class-action in New Mexico state court, prior to filing bankruptcy. As part of his bankruptcy, the corporate debtor asked to remove the class action to Bankruptcy Court. This removal was not barred by the automatic stay, which would have been an absurd result that could prevent even the filing of a Proof of Claim. In re Cashco, Inc. 598 B.R. 9 (2019), citing to, among others, In re North County Village 135 B.R. 641 (1992), and In re Miller, 397 F.3d 726 (2005).
Hearthstone Legal Group Newsletter
Join our mailing list to receive the latest news and updates from our team.
- What Could Go Wrong?By Herbert WigginsIn automatic stay, bankruptcy, BANKRUPTCY LAW, creditorsAugust 19, 2023“STAYING” AWAY FROM CONTEMPT SANCTIONS Suppose […]
- BANKRUPTCY LAW: Under Delaware Law, Company’s Discharge did not Extend to Alter EgoBy Herb WigginsIn UncategorizedJuly 6, 2023Bankruptcy Appellate Panel held that the discharge of […]
- BANKRUPTCY/REAL ESTATE LAW (Homestead Exemption)By Herbert WigginsIn UncategorizedJune 29, 2023Where debtors claimed “100% Fair Market Value” of […]