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In re George E. Ludkowski

16bk09485
Upon a debtor’s motion for rule to show cause on alleged violations of the automatic stay, held: The debtor has established the requisite grounds for relief arising from the alleged stay violations only as it relates to creditor’s postconversion conduct. The creditor, the debtor’s preconversion bankruptcy counsel, did not violate the automatic stay by attempting to collect on unpaid postpetition fees in another forum during the pendency of the matter prior to conversion. Upon conversion to chapter 13, however, the preconversion fees were treated as prepetition ones and thus the continuation of the collection action violated the automatic stay. The motion is, therefore, GRANTED in part, DENIED in part and CONTINUED in part for a later hearing on additional actual damages.

Date: 
Tuesday, July 24, 2018