Legal Question in Bankruptcy in New York

Substitution of one stay for another stay

If an automatic stay is granted in bankruptcy court and a person has another type of case entirely in another federal court (U.S. District Court), can the second federal court be asked to substitute its stay, pending outcome of its case, for the automatic bankruptcy stay, so the latter can be lifted pursuant to withdrawal of the bankruptcy petition which is no longer immediately needed, thus preserving one's credit? What is the law citation and/or cases?


Asked on 1/31/08, 10:49 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Substitution of one stay for another stay

I suppose it's possible for the District Court to put a stay in place that could substitute for a bankruptcy court's stay; it would depend on the specific circumstances.

I leave the legal research you request up to you or to your attorney.

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Answered on 1/31/08, 2:48 pm


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