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Disdain for Automatic Stay Everywhere

By Cathy Moran

I have more actions against creditors for violation of the automatic stay going right now than I have brought in the entirety of my nearly 30 year career. What is it that makes creditors so heedless of a federal court injunction?

I have clients complaining of staid banks like Bank of America calling multiple times a day after they got notice of the bankruptcy; Chase trying to foreclose on a client’s house despite the automatic stay; the State of California levying against a Chapter 13 debtor for the second time in two years, well after the bankruptcy case was filed.

Is it desperation on the part of creditors? A general disdain for the law? Budgets that don’t permit training of staff?

I don’t know, but my mission is to make this scofflaw attitude costly for creditors. Debtors are entitled to a respite from collection efforts. It’s about time creditors got the message.

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About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Chapter 13 available to more

About The Soapbox

You've arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said "try").

Here, I allow myself to tell stories and express strong opinions on how I think law should work for the consumer and small businesses when it comes to debt.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

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