In Kline v. Deutsche Bank, 472 B.R. 98 (B.A.P. 10th Cir. 2012) Deutsche Bank filed a foreclosure complaint and amended complaint against Kline in state court. Shortly thereafter Kline filed a Chapter 13 bankruptcy. Without notice of the bankruptcy action, Deutsche Bank served the amended complaint. After years of litigation the Bankruptcy Appellate Panel held that service of the complaint was void because it violated the automatic stay. However, because Deutsche Bank did not have notice of the bankruptcy action its efforts were not willful and thus sanctions were not warranted. Furthermore, Deutsche’s decision to pause the state court action, rather than outright dismiss it, was not a willful violation either.

Perry Law, P.C.

When faced with a difficult legal situation, you want to make certain you have the best representation and legal team in your corner. At Perry Law, our attorneys and support team are here to ensure you the most sound advice and legal counsel possible.  Perry Law is a regional law firm with attorneys licensed in Arizona, Florida, Idaho, Oregon, and Washington. The firm represents over seventy years of combined legal experience.