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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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In my BK case, would it have been appropriate to negotiate

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In my BK case, would it have been appropriate to negotiate with the bank/mortgage company while the BK was being processed thru the court.

Or should I always let one process clear before trying an altenate channel for resolution?
Hello,

Unfortunately the automatic stay of the bankruptcy court would prohibit the bank from negotiating with you during the bankruptcy absent bankruptcy court approval

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.
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