context: Bankruptcy Code section 501 specifically permits creditors to file proofs of claim. "[T]he filing of a Proof of Claim before a bankruptcy court ... is the logical equivalent of a request for relief from the automatic stay, which cannot in itself constitute a violation of the stay...." Other courts considering the issue have reached a similar conclusion.
citation_a.signal: see also
citation_a.identifier: 234 B.R. 528, 534
citation_a.parenthetical: "The contention that the exercise of a mandated statutory right under the Bankruptcy Code [such as the filing of a nondischargeability complaint] is a violation of the automatic stay is almost as absurd as a contention that any creditor who files a proof of claim in bankruptcy violated the automatic stay"
citation_a.sentence: See also In re Nelson, 234 B.R. 528, 534 (Bankr.M.D.Fla. 1999) (“The contention that the exercise of a mandated statutory right under the Bankruptcy Code [such as the filing of a nondischargeability complaint] is a violation of the automatic stay is almost as absurd as a contention that any creditor who files a proof of claim in bankruptcy violated the automatic stay”).
citation_b.signal: see
citation_b.identifier: 219 B.R. 176, 190
citation_b.parenthetical: "The automatic stay is not applicable to assertion of a claim in a proof of claim filed in a Bankruptcy Court"
citation_b.sentence: See e.g. U.S. v. Inslaw, Inc., 932 F.2d 1467 (D.C.Cir.1991) (“For obvious reasons ... courts have recognized that § 362(a) cannot stay actions specifically authorized elsewhere in the bankruptcy code”); In re Surprise, 342 B.R. 119, 122 (Bankr.N.D.N.Y.2006) (concurring with Sammon); In re Sims, 278 B.R. 457, 472 (Bankr.E.D.Tenn.2002) (accord); In re I.C.H. Corp., 219 B.R. 176, 190 (Bankr.N.D.Tex.1998), rev’d on other grounds, 230 B.R. 88 (N.D.Tex.1999) (“The automatic stay is not applicable to assertion of a claim in a proof of claim filed in a Bankruptcy Court”).