What do you think about the automatic stay


Problem:

This is the cornerstone aspect of bankruptcy - the dealings between debtors and creditors. Debtors are looking for a safe haven from creditors while creditors are looking to exert their leverage to collect on their debts. Most contested hearings in bankruptcy Court deal with these two issues in some respect.

Section 362, then, is one of the most important provisions of the Code as it seeks to strictly regulate what each party is able to do relative to the other.

What do you think about the automatic stay? Is it fair to creditors? Does it go far enough to protect debtors?

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