What is the effect of a stay of execution on an action in violation of section 362(d) of the bankruptcy code?
federal, United States of America
The following excerpt is from Cruz v. Stein Strauss Trust, PDQ Invs., LLC (In re Cruz), BAP No. CC-13-1554-KiTaD, Bk. No. 06:13-20368-MH (B.A.P. 9th Cir. 2014):
Actions taken in violation of the automatic stay are void. However, an action taken in violation of the automatic stay that would otherwise be void may be declared valid if cause exists for retroactive annulment of the stay. Schwartz v. United States (In re Schwartz), 954 F.2d 569, 573 (9th Cir. 1992). Section 362(d) empowers the bankruptcy court to annul the stay. It provides:
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