Section 5.55 Waiver of Automatic Stay
| Library | Bankruptcy Practice (2007 Ed. + 2015 Cum Supp) |
12. (§5.55) Waiver of Automatic Stay
A debtor is deemed to have waived the automatic stay as to a particular action if the debtor appears and defends suit on any basis other than application of the automatic stay. In re Hoskins, 266 B.R. 872 (Bankr. W.D. Mo. 2001) (Koger, B.J.). Furthermore, an agreement by a mortgagor not to oppose or object to a mortgagee’s motion for relief from the stay in the event of bankruptcy has been held by some courts to be an enforceable agreement. In re Cheeks, 167 B.R. 817...
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