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RESPOND TO CLASSMATE : QUESTION: Does Tom Finnegan have the legal right to pursue civil litigation against Julius Talbert for the $10,000 owed on the
RESPOND TO CLASSMATE : QUESTION: Does Tom Finnegan have the legal right to pursue civil litigation against Julius Talbert for the $10,000 owed on the promissory note? ANSWER: Finnegan may have the legal right to pursue civil litigation against Talbert for the $10,000 owed on the promissory note, but only after obtaining relief from the automatic stay. This would require Finnegan to file a motion for relief from the automatic stay with the bankruptcy court and demonstrate that he has a valid and enforceable claim against Talbert. The bankruptcy court may grant or deny the motion, depending on the specific circumstances of the case. If the motion is granted, Finnegan may then proceed with civil litigation against Talbert for the debt owed
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