0
Can a creditor reposses my boat before the automatic stay is lifted in chapt 7?
Wiki User
∙ 15y ago
No, that would be a violation, and the debtor should be able to recover damages for it. The debtor does have to file a motion for damages, however.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Releif from Automatic Stay?
If relief from automatic stay has been lifted against you, the creditor may now proceed to collect the debt.
If automatic stay is lifted what happens next in chapter 13?
Then the secured creditor would most likely foreclose on the property.
Process to foreclose after an automatic stay is lifted?
If the automatic stay is lifted and no foreclosure has been filed, one just needs filed as normal. If the foreclosure was already filed and the automatic stay was lifted, the creditor simply informs the Court with the foreclosure that the stay was lifted and the case will resume. 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 is the next step after the automatic stay is lifted?
AnswerAn automatic stay stops creditors from proceeding against you, either garnishing wages or siezing property. I think after the automatic stay is lifted, the creditor requesting that the stay is lifted, can proceed against you for the item they want back.Once the stay is lifted [granted] by the Bankruptcy Court, the creditor is free to take whatever action is appropriate to recover and sell the property. If the debtor is granted a discharge in bankruptcy, the debtor will not be required to pay to the creditor any deficiency amount that results if the sale of the collateral does not generate enough money to pay the debt in full.Further it also depends on how you respond after lifting of stay, if you do not make any payment, creditor may continue with his course of action. It is always better filing proper reply to the motion to lift the automatic stay.An experienced Attorney would assist you in all these aspects.
A levy was lifted on the account now the creditor wants to garnish wages Can this be done?
Yes, a creditor can garnish wages even if a levy was lifted on the account. This would require a judgment and the court documents.
Can a creditor request an automatic stay be lifted after nine months into a 100 percent Chapter 13 plan with payments made on time?
A creditor can ask for anything. The question really is whether or not it is likely that the request will be granted. I assume since you have made all of your payments per the plan, you have proof of such in the form of cancelled checks, bank statements, money order receipts, etc. If the payments are going to the trustee and then to the creditor, then you should find out whether or not the trustee has released the money to the creditor. Now, what you will need to do is hire a lawyer to file an objection to the motion for relief of stay and take your proof with you. It is unlikely that the stay will be lifted, however, you should not assume that it won't and do nothing.
When is the bride's veil lifted?
The brides veil is lifted right before the kiss
Is bankruptcy and a county court judgment the same thing?
when automatic stay is lifted what can occur to the debtor?
What happens when a creditor does not file a proof of claim for a secured debt in a bankruptcy case?
A secured creditor does not need to file a such a claim, the lien against the property is sufficient proof. Generally the lien holder/lender will ask for the automatic stay to be lifted so foreclosure or repossession action can continue or be implemented against the property. In a chapter 7 bankruptcy the borrower must be able to reaffirm the secured debt to avoid recovery or litigation action from the lender.
Why hasn't the creditor picked up the secured vehicle if you filed chapter 7 bankruptcy and if they don't is it yours to keep?
More than likely the lender has not requested as yet had the BK stay lifted. If a secured creditor does not receive permission to be excluded from the BK they must wait until the discharge is final before proceeding with repossession action. No, the borrower does not get to "keep" the vehicle unless they are able to reaffirm the loan with the lender.
Have you ever been lifted off the ground before if your older then 10?
yes i am 12 and i have been lifted off the ground my a boy my age i am 64 pounds
If you had an automatic stay lifted in a ch 13 then converted to a 7 can you refile a 13 after the 7 is discharged and get an automatic stay again?
PROBABLY if one is in a Chapter 13 and the stay is lifted, that debtor can convert to Chapter 7 and then re-file another Chapter 13 after the Chapter 7 discharge and reinstate the stay against the creditor who had the stay lifted in the prior Chapter 13. I say "probably" rather than "yes" for a few reasons: (1) Because the creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, the creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days (I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
