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dc.contributor.authorKera, Zeenat
dc.date.accessioned2014-03-03T21:24:41Z
dc.date.available2014-03-03T21:24:41Z
dc.date.issued2004-08
dc.identifier.otherkera_zeenat_a_200408_llm
dc.identifier.urihttp://purl.galileo.usg.edu/uga_etd/kera_zeenat_a_200408_llm
dc.identifier.urihttp://hdl.handle.net/10724/21870
dc.description.abstractThis thesis addresses three areas in which there have been important developments concerning the automatic stay of the U.S. Bankruptcy law, provided by 11 U.S.C. § 362. The first part of the thesis addresses and analyses the question whether state courts have jurisdiction to determine their own jurisdiction when the automatic stay is at issue. The consensus, however, now seems to favor the traditional and correct view, that while bankruptcy courts alone have jurisdiction to lift or modify the stay, state courts, have jurisdiction to determine whether the stay does or does not cut off its jurisdiction to reach the merits of a case. The second topic is whether a state court has jurisdiction to impose sanctions for an alleged violation of the stay. The analysis, with the help of case laws will show that even if a state court or another federal court has jurisdiction to determine whether the stay applies, only the bankruptcy court where the case is pending has jurisdiction to impose sanctions for violating the stay. The third part of the thesis explains and analyses issues concerning repossession of property by a creditor before the filing of a bankruptcy petition.
dc.languageeng
dc.publisheruga
dc.rightspublic
dc.subjectAutomatic Stay
dc.subjectIssues
dc.subjectJurisdiction
dc.subjectState Court
dc.subjectBankruptcy Court
dc.subjectStay Violation
dc.subjectCreditor
dc.subjectRepossession
dc.subjectBankruptcy Petition
dc.titleIssues regarding the most effective tool of U.S. bankruptcy law
dc.title.alternative"the automatic stay"
dc.typeThesis
dc.description.degreeLLM
dc.description.departmentLaw
dc.description.majorLaw
dc.description.advisorLorie Johnson
dc.description.committeeLorie Johnson
dc.description.committeeGabriel Wilner


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