Is a motion in bankruptcy an automatic stay of all judicial proceedings against the debtor?

California, United States of America


The following excerpt is from Raeisi Grp. v. Velocity Commercial Capital, B293744 (Cal. App. 2021):

"A petition in bankruptcy creates an automatic stay of all judicial proceedings against the debtor. (11 U.S.C. 362(a).) Judicial proceedings in violation of the automatic stay are void." (Sindler v. Brennan (2003) 105 Cal.App.4th 1350, 1353-1354 (Sindler).) "A judgment void on its face because rendered when the court lacked personal or subject matter jurisdiction or exceeded its jurisdiction in granting relief which the court had no power to grant, is subject to collateral attack at any time." (Id. at p. 1354.)

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