Matter of Pease

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Chapter 11 debtors' pre-petition waiver of automatic stay was per se unenforceable
• “The Bankruptcy Code substantively alters the rights and remedies of both debtors and creditors in a most fundamental way.”
• “[A]ny attempt by a creditor in a private pre-bankruptcy agreement to opt out of the collective consequences of a debtor’s future bankruptcy filing is generally unenforceable. The Bankruptcy Code pre-empts the private right to contract around its essential provisions[.]”
• \Any attempt by a creditor in a private pre-bankruptcy agreement to opt out of the collective consequences of a debtor's future bankruptcy filing is generally unenforceable. The Bankruptcy Code preempts the private right to contract around its essential provisions.\
• \The judicial enforcement of a contractual waiver of the automatic stay would permit a single creditor to opt out of the collective process mandated by the Bankruptcy Code to the potential detriment of the debtor and other creditors. This should not be permitted.\
• regarding prepetition waiver of automatic stay

Source: CourtListener parenthetical corpus (CC0).