bjbj My name is Ron Drescher. I practice in
bankruptcy and commercial litigation in Maryland, Virginia, Pennsylvania and Delaware. Frequently,
even typically, a secured creditor will find themselves in a position to request the bankruptcy
court to allow them to foreclose on real estate or to, um, seize a vehicle or, or some other
way to realize your collateral. So, you file a motion for relief from the automatic stay.
Frequently, the creditor s lawyer forgets to also file for relief from the co debtor
stay in a Chapter 13 case, very important. Then what ends up happening is you remember.
Sometimes at the last minute, you got to go and re file. You got to get a, a postponement
of your hearing. It s not horrible but it s embarrassing and when you have a, a creditor
client and they want to be able to move forward on their claims then to tell them no, you
got to wait another 30 to 45 days because your lawyer forgot to get relief from the
co debtor stay, it s not a good thing so creditors need to be aware that when there s a Chapter
13 case, there might be a co debtor stay. Now, the worst-case scenario for the creditor
is the lawyer doesn t remember that there s a co debtor stay and they get relief from
the automatic bankruptcy stay but they never get relief from the co debtor stay and they
get, and they repossess the car or they take some action and they re in knowing, willful
violation of the co debtor stay. And like I said before, the federal court will protect
the co debtor stay just as powerfully as it will protect the automatic stay that will
open that creditor up for damages and punitive damages in the form of a sanction. My name
is Ron Drescher. If you have questions about any of the things we talked about today, I
d be more than happy to talk to you about them. [Content_Types].xml u$Nw @8Jb _rels/.rels
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