Post: Filing Chapter 7 against a mortgage company in chapter 11

Posted by Scott on 6/22/07

I’m a law student in Boston currently in summer
internship. I’ve recently been confronted with a client
who wants to file Chapter 7, but who’s major secured
creditor is a mortgage company currently operating as a
debtor in possession in a Chapter 11 reorganization. Will
there be any issues regarding the mortgage company’s
automatic stay protection if we file Chapter 7, and if we
file a rescission notice for TILA violations?

I would greatly appreciate any thoughts or suggestions for
further research.

Posts on this thread, including this one

Filing Chapter 7 against a mortgage company in chapter 11, 6/22/07, by Scott.

Re: Filing Chapter 7 against a mortgage company in chapter 1, 6/22/07, by v.