Legal Question in Bankruptcy in New York

Re: violation of automatic stay

Report the bank's activity to your attorney.

If and ONLY if you don't have an attorney, report the bank's activity to your Trustee, in writing. If you have an attorney, the Trustee cannot communicate with you without your attorney's permission or presence. Certified/return receipt mail is good for this.

Note that the bank may have requested that the stay be lifted and got the court's permission to proceed. These requests are often granted by the bankruptcy courts. If this is the case, the bank did not violate the stay and you have no recourse from the bankruptcy court.

Banks, btw, are generally pretty good at this; they tend not to violate the automatic stay without the court's permission. Only occasionally does a slip-up happen. When slip-ups do happen, it's pretty funny to watch them scramble.

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