Shabanoff v. Medoff ( In re Shabanoff)
Feb
28
2006
Ruling
Genuine issue remained regarding whether an attorney had knowledge of a filing and thus whether the attorney violated the automatic stay.
Procedural posture
Plaintiff debtor filed a petition for relief under chapter 7. The debtor filed an adversary proceeding against defendant attorney, and others, claiming that they violated the automatic stay imposed pursuant to 11 U.S.C. § 362(a). The attorney sought a motion to dismiss the adversary proceeding or for summary judgment and the debtor filed an opposition and a motion for partial summary judgment.
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Court
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