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Authors

John L. Fellows

Abstract

A fundamental tenet of bankruptcy law requires that all collection efforts against the debtor must be stayed when a petition in bankruptcy is filed. Under certain circumstances, a creditor can obtain relief from the automatic stay; however, uncertainty as to the grounds required for relief has generated a large amount of litigation. In a recent case, Banker's Life Insurance Co. v. 'Alyucan Interstate Corp., the Bankruptcy Court for the District of Utah formulated a new standard to determine if a creditor is sufficiently protected for the stay to continue.

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