[CLBS] Stays, Co-Debtor Stays, and SOL

[Alexandra Caval]

No statute of limitations on willful violations of the automatic stay. See
Nelson v. Post Falls Mazda - "Congress passed section 362(h) without
limiting the period in which such a cause of action might be filed." In
Nelson the adversary action was for the violation of the stay was brought 2
years after the alleged conduct violating the stay happened. The parties
bickered about which state statute applied for limitation purposes and Judge
Hagan said there wasn't one.

Careful with co-debtor stays because that's only applicable in chapter 13
cases, but if there was a violation of the co-debtor stay in a chapter 13
case, I imagine Nelson would allow you to pursue it.

There's no statute of limitations for violations of the discharge
injunction.

Hope that helps.

Alexandra O. Caval
Caval Law Office, P.C.
P.O. Box 1716
Twin Falls, ID 83303-01716
T: 208.733.2035
F: 208.733.3919
alex at cavallawoffice.com


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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler Wirick
Sent: Wednesday, February 15, 2017 12:12 PM
To: BK listserve <clbs at admws.idaho.gov>
Subject: [CLBS] Stays, Co-Debtor Stays, and SOL

All,

Is there a statute of limitations on bringing an action on a stay violation
or co-debtor stay violation? How about violation of the discharge
injunction? 

Best,

Tyler 
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