Applicability Of Automatic Stay — Who Decides?

Law360 (March 4, 2010, 6:37 PM EST) -- Whenever a defendant in multiparty litigation before a state court files for bankruptcy protection, questions over jurisdiction will inevitably arise. This is particularly the case when determining whether the bankruptcy court or the state court has authority regarding the automatic stay provided to the debtor under section 362 of the United States Bankruptcy Code....

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