0
How long do you have to stay in the property once a motion of relief from debtor has been filed?
Wiki User
∙ 15y ago
A preliminary hearing on the motion must be heard within 30 days of the date it is filed, unless that requirement is waived by the creditor. The motion could be granted at that hearing, or the court could set it for a final hearing, which must be heard within 30 days of the preliminary hearing. If the motion is granted, the creditor may then proceed with actions to remove you from the property. The creditor may have to foreclose, if it involves a secured claim. After foreclosure, and in the event it is a landlord-tenant situation, the creditor must file to evict you, if you do not move out voluntarily. That could take another 30 days, longer if you appeal. I have seen people who know how to game the system stay in property a year or longer.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
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.
If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?
A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.
Can the creditor that filed motion for relief get any money?
Yes.
If a motion was not filed in a chapter 7 bankruptcy but the debt was charged off can the judgment be transferred when buying new property?
Bankrutpcy doesn't erase debt. It just renders it nonrecourse as to the debtor. I'm not sure what motion you are referring to, but the judgment should not attach to new property acquired.
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 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.
How is a motion for relief filed?
To file a Motion, you should take the original and a few copies to the clerk of the court in which it should be filed. The clerk takes the original for the file, and will stamp your copies. You then serve a copy on the opposing party.
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 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?
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. You 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.
How can you dispute a bankruptcy which was filed immediately after you got a 10500 judgment against that person?
you can request for a relief from judgment or wait to object to the debtor's discharge if I am not mistaken ...Augusta,ga
Can a creditor put a lien on the property you just sold?
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
What is a stipulation in bankruptcy?
It's basically an agreement between the debtor and creditor on how the debtor is to pay the creditor that arises when debtor has filed bankruptcy.
