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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.
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Can you become current on your mortgage payments after a motion of relief has been requested from the courts to avoid foreclosure during Chapter 13?
Generally, yes. Have your Attorney contact the attorney for the other side and discuss the situation. Most of the time, you can object to the motion and work something out th…e week before the hearing. Word of advise... Make sure you have an attorney. The attorney for the bank does NOT want to hear from you personally.
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?
Answer 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.
Answer When you file for bankruptcy, you are protected by the "automatic stay" which prohibits creditors from taking action to collect the debt or from taking you…r property. In some cases, the creditor will ask the court for permission to continue efforts to collect the debt by requesting relief from the stay. This is usually done by a creditor who wants to continue foreclosure proceedings on a house or seek repossession of a vehicle. Landlords will also file for relief from stay to evict a nonpaying tenant.
Is there anything else you need to do if you have a non-paying tenant who has filed chapter 13 and you have filed a small claims case and a motion for relief of stay?
Answer You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. Yo…u can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
Can a property be assigned without court permission if a creditor in a Chapter 13 Bankruptcy decides to do something different than foreclose once a Motion for Relief from stay has been granted?
The answer depends upon what you are seeking. The term "relief" could refer to alimony, child support the payment of bills by your spouse--just about anything. A motion is… a request to the court to take some type of action.
Hopefully, most would do what they feel is most beneficial for them to get the best result, which is generally paid as much as possible as quickly as possible.
You draw up the motion and file it in the appropriate court, sending a copy to the c. 7 trustee, the U. S. Trustee, the debtor and the debtor's attorney, if any. Only a …secured creditor can do this, of course. Since you had to ask, I suspect you are not entitled to relief from stay. Secured lenders tend to have lawyers who know what to do.
What is a No Opposition Order in a Chapter 13 when a Motion for Relief from Automatic Stay is filed?
In 37 years of bankruptcy practice, i have never seen a "No Opposition Order." If no opposition to any motion is filed, after the time allowed for such oppositions, the …court issues an order allowing the motion, stating that no opposition was filed.
Hard question to answer since...foolish me...I thought CREDITORS asked for relief from stay...a debtor would never want one to be granted and would normally oppose it st…rongly. (Relief from Stay STOPS the protection of the Court and law that prohibits creditors from proceeding with collection actions, like repossession or foreclosure or garnishment against the debtor). Not understanding that basic difference really means you really should have professional help in the case.
If a default judgment was entered against you the case is over. By failing to appear you lost the case.
You need to prove you are a secured creditor or are otherwise entitled to proceed with a claim against the debtor. If you are a secured creditor, you need to prove the debto…r has not made any or adequate payments following the filing of the Chapter 7. If you are entitled to proceed against the debtor by law (student loans, child support orders, criminal reparation orders, e. g.) or because the debt was fraudulently incurred, and the matter is not pending in another court, you may have to litigate your case in the bankruptcy court as an adversarial action. Consult a local bankruptcy lawyer.
Then the creditor can proceed with collection the debt/foreclosing on the property.
Yes, so long as you keep making the mortgage payments. If you stop paying, eventually the creditor will be allowed to foreclose on the property.
sorry idk but i answered cause i know a website. go to bkcourts/questionss.org i dont know if it is still a real website. i heard of thiswebsite in 2010. So i hope i helped. B…tw i was dared to do this and that the double s is on purpose. -Ag