0
It varies. Check your local court rules. The Massachusetts District Bankruptcy Court local rule sets 30 days as the time to reply. Things happen faster after that. If more time is needed, a motion to extend the time to file the reply must be filed and allowed by the court, usually after a hearing.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoYou file an objection to the Motion for Relief From Stay, setting forth the reasons the motion should not be allowed. If you do not file a response, the court will allow the motion after the time to reply has passed.
Add your answer:
Earn +20 pts
How do you file a rebuttal for relief from bankruptcy stay?
You file an objection to the motion for relief.
Can the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?
Yes.
What is a motion for relief from the automatic stay?
Automatic Stay is the thing that is automatically done when you file bankruptcy. It protects the assets of the bankruptcy estate. It prevents collection attempts. It stops foreclosure / evictions. A motion for relief from automatic stay is filed by a creditor when they want to foreclose, continue foreclosure, eviction, reposession, etc. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
What does motion for relief relief from stay fee amount 150.00 filed by creditor Iowa law?
When you filed your bankruptcy, the court issued an automatic stay which prevents any creditor from moving forward with collection efforts. For whatever reason, this particular creditor wants to proceed with collection and it must request the permission of the bankruptcy court by filing the motion for relief from automatic stay.
Plaintiffs motion overrules motion for relief?
Not enough information contained in question.. Plaintiffs motion for WHAT? Motion for relief of WHAT?
Is it legal for a credit company attorney to be sending relief from stay motion papers directly to the creditor instead of the attorney which represents the creditor that has filed chapter 13?
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
What is ordergranting motion for relief-unopposed order lifting stay?
Sound like someone filed a motion to life a stay, the other party did not oppose the motion, and the court granted it. A stay is an order stopping some action by another person or entity, or stopping the enforcement of a judicial or administrative order.
If a motion for relief of stay has been granted in a Chapter 13 case is there any defense?
The best approach would be to work with the Creditor's attorney to come up with some kind of agreement. You can also move to have the stay reimposed or ask the Judge to reconsider lifting the stay. If the motion for relief from stay has been granted, you no longer have a defense. The time to raise a defense would have been right after the motion was filed by obtaining a hearing date and opposing the motion. The creditor is not required to negotiate with you, but you should at least try again.
Can you get automatic stay back after the mortgage company file for motion relief?
We have a lawyer but he has not contact us back. We are behind on the mortgage.
Can you respond to a Notice of Motion and Motion for Judgment on the Pleadings?
Yes you should respond promptly
How do you proceed with a liability lawsuit against someone who has filed for bankruptcy to avoid penalties?
You can't, unless the liability is for fraud. You can file a motion for relief from stay, but it will not likely be granted. Unless the court grants you relief from the automatic stay, you cannot proceed. The liability will be discharged.
In my chapter 7 bankruptcy I have received a Motion for Relief from Stay and Abandonment on my Vehicle. Are they taking my vehicle?
That's a pretty good indicator of their intent.
