Re: Filing Chapter 7 against a mortgage company in chapter 1

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I may be wrong on this one but, chapter 11 is just another
form of bankruptsy. And since they are already in it, i would
double check that your client is sol, if they filed before
your client. Reorganization can take awhile, which i'm sure
your client dosen't have. You might find this out when you go
to file anyway. Not sure about it, but look into it.

On 6/22/07, Scott wrote:
> 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.