Howard v. Howard

In Howard v. Howard, 203 Ga. 782, 784 (3) (48 S.E.2d 451) (1948), the order revoking a stay under the Soldiers' & Sailors' Civil Relief Act, 50 USC 521, was taken ex parte. The Supreme Court held that a judgment entered after the improper lifting of the stay was void on its face and that the prejudiced party was entitled to have it set aside. Id. Similarly, a judgment entered in violation of the automatic bankruptcy stay of 11 USC 362 was "void ab initio, was without effect, and was an absolute nullity." Jennings Enterprises v. Carte, 224 Ga. App. 538, 540 (1) (481 S.E.2d 541) (1997).