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- Chapter 11 The Impact of the Automatic Stay on Litigation
Chapter 11, G. The Automatic Stay and Direct-Action States
Jurisdiction | United States |
G. The Automatic Stay and Direct-Action States
In a direct-action state, the claimant is able to file a lawsuit directly against the insurer without naming the insured as a party. An action against the insurer alone would not ordinarily violate the automatic stay. However, the automatic stay is two-fold: It operates to stay actions against property of the estate and the person of the debtor. If the proceeds of the...
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- Chapter 11 The Impact of the Automatic Stay on Litigation
- Chapter 11, A. Automatic Stay
- Chapter 11, B. Actions Taken in Violation of the Automatic Stay
- Chapter 11, C. Willful Violation of the Automatic Stay
- Chapter 11, D. Modification of the Stay
- Chapter 11, E. "Cause" to Modify the Stay
- Chapter 11, F. Modification of the Post-Confirmation Injunction
- Chapter 11, G. The Automatic Stay and Direct-Action States
- Chapter 11, H. Negotiating a Settlement
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