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Posts tagged "Automatic Stay Debtor Bankruptcy Proceedings"

Application of Automatic Stay to Actions By a Debtor

The automatic stay only applies as to actions against a debtor and not as to actions filed by a debtor. See, In re Merrick, 175 B.R. 333 (9th Cir. BAP 1994); In re Mitchell, 206 B.R. 204, 212 (Bankr. C.D. Cal. 1997) ("Section 362 stay does not apply where, as here, the debtor is the plaintiff in a lawsuit."). Even dispositive motions filed against the debtor plaintiff are not a violation of the automatic stay. See, In re White, supra (motion for summary judgment against debtor plaintiff and dismissal of the case did not violate the stay); In re Miller, 262 B.R. 499 (9th Cir. BAP 2001) (demurrer to debtor plaintiff's suit not stayed).

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