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Carlos J. Cuevas

The automatic stay contained in Bankruptcy Code Section 362(a) is fundamental to the effectiveness of the consumer bankruptcy system. Most creditors observe the automatic stay, and refrain from engaging in debt collection activity after a bankruptcy petition has been filed. If there is a doubt as to the applicability of the automatic stay, then a creditor can obtain a comfort order as to the applicability of the automatic stay, or obtain relief from the automatic stay from the Bankruptcy Court.

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