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Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed.

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17y ago
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13y ago

Then the creditor can proceed with collection the debt/foreclosing on the property.

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Q: What happens if the motion for relief from a stay is denied?
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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.


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.


What is relief of stay?

Filing a bankruptcy automatically "stays" almost all actions against the debtor. It gives the debtor a temporary hiatus from actions by creditors although it is not permanent and as the procedure progresses the debtor's property may eventually be distributed. A creditor's lawyer, especially a foreclosing bank, can seek a "relief from stay" by filing a motion with the court. If the motion is granted the creditor can go ahead and foreclose on the property and sell it to satisfy its debt. That usually happens when there is no equity in the property.


Pro se motion for reconsider is pending in chapter 13 denial can mortgage company start foreclosure procedures?

This is why you need a lawyer. Yes, it can, unless you file a motion with the court to stay the foreclosure until your motion to reconsider is disposed of. And if your c. 13 was denied, chances are slim to none you will prevail in your motion to reconsider, unless you clearly understand why it was denied and have corrected the problem.


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.