Monday, June 23, 2003
Is there a bankruptcy stay when petition is invalid and does stay continue when case is dismissed then converted?
In Shaw v. Ehrlich, involving the claims between former members of the Audubon Quarter, which was once an artist-in-residence group at Virginia Tech, Judge Turk of the W.D. Va. wrestled with the thorny questions under bankruptcy law of whether there is an automatic stay when the bankruptcy petition is invalid (answering yes), and secondly, whether the stay was continued when the case was dismissed then converted to Chapter 11.
Posted by Steve Minor at 6:18 PM