context: Although the Fourth Circuit has not yet addressed the validity of acts in violation of the automatic stay, it does recognize that the stay is intended to provide debtors significant protection. Additionally, courts within this circuit have adopted the majority position.
citation_a.signal: see
citation_a.identifier: 168 B.R. 93, 94
citation_a.parenthetical: "Actions by creditors to collect a debt from the debtor, which are taken after the filing of a bankruptcy petition, are void ab initio and of no legal effect."
citation_a.sentence: See In re Clarkson, 168 B.R. 93, 94 (Bankr.D.S.C. 1994) (“Actions by creditors to collect a debt from the debtor, which are taken after the filing of a bankruptcy petition, are void ab initio and of no legal effect.”) (citation omitted); In re Lampkin, 116 B.R. 450, 453 (Bankr.D.Md.1990) (“This court will adhere to the general rule that violations of the stay are void.”); In re Burns, 112 B.R. 763, 765 (Bankr.E.D.Va. 1990) (“Bankruptcy Courts have generally held that actions taken in violation of the automatic stay are void, and this Court finds no reason to disregard the general rule here.”); but see Blue Ridge Bank v. Boswell (In re Boswell), 206 B.R. 421, 423 (Bankr.W.D.Va.1997) (holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void).
citation_b.signal: but see
citation_b.identifier: 206 B.R. 421, 423
citation_b.parenthetical: holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void
citation_b.sentence: See In re Clarkson, 168 B.R. 93, 94 (Bankr.D.S.C. 1994) (“Actions by creditors to collect a debt from the debtor, which are taken after the filing of a bankruptcy petition, are void ab initio and of no legal effect.”) (citation omitted); In re Lampkin, 116 B.R. 450, 453 (Bankr.D.Md.1990) (“This court will adhere to the general rule that violations of the stay are void.”); In re Burns, 112 B.R. 763, 765 (Bankr.E.D.Va. 1990) (“Bankruptcy Courts have generally held that actions taken in violation of the automatic stay are void, and this Court finds no reason to disregard the general rule here.”); but see Blue Ridge Bank v. Boswell (In re Boswell), 206 B.R. 421, 423 (Bankr.W.D.Va.1997) (holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void).