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United States: Involuntary Bankruptcy Filings Create Traps for the Unwary Creditor - Is "Business as Usual" Wise During the "Gap Period?"
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23 March 2005

By Philip Tucker Evans (Washington, D.C.)

The large majority of bankruptcy cases commenced in the United States start with the filing by the debtor of a voluntary petition for relief pursuant to 11 U.S.C. §301.1 Such a filing automatically results in the entry of an order for relief and, in a chapter 11 reorganization case, the debtor in possession is entitled to operate on a going-forward basis with the same powers that would be granted to a bankruptcy trustee.2 The bankruptcy filing provides the debtor with protection from its creditors, a significant component of which is the section 362 automatic stay (Stay) which, in general, prevents creditors from taking any action against the debtor or its property absent prior relief from the bankruptcy court....
 
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