A stay is like a legal "hold" placed for a purpose. If the party that is "held" objects to the "hold" placed on it by a court, that party can petition the court for relief from the stay. They can ask, can make a motion, that the stay be lifted. That's the motion of relief from the stay. If the court then reviews the motion and decides not to "change its mind" regarding the reason it issued the stay, the court will dismiss the motion for relief from the stay. The stay will remain in place.
You 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.
You file an objection to the motion for relief.
Motion for Relief of Stay - a motion filed with the Bankruptcy Court from a creditor that asks the court to allow the creditor to proceed with any collections upon property that was put on hold due to bankruptcy Withdrawl of motion for relief - creditor tells the court "never mind" basically on the motion that was filed for a variety of reasons. An example of a reason to withdraw would be that a motion for relief was filed in error because a debt is actually current, not in default.
Then the creditor can proceed with collection the debt/foreclosing on the property.
Do you mean motion for relief from stay? The automatic stay is placed into effect when someone / something (entity) files a bankruptcy petition. It is essentially an injunction preventing creditors from taking most actions to enforce their claims. A motion for relief from stay asks the court for permission to take action to enforce claims. It is most commonly filed to permit the creditor to enforce a lien / security interest.
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.
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.
That the creditor's interest in the property is somehow "adequately protected." Typically, by making payments.
Automatic stays occur under section 362(a) of the Federal Bankruptcy Code. Relief from the stay can be granted under Section 362(d). Usually it is secured creditors who want to foreclose on a piece of property and the stay keeps them from foreclosing.
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.
Yes, but only if you file motion for relief from stay with the bankruptcy court stating grounds for the judge to allow the motion.
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.
We have a lawyer but he has not contact us back. We are behind on the mortgage.
what is motion to stay
Relief from the automatic stay may be obtained by filing a motion with the bankruptcy court. In Cleveland, the motion must be accompanied by a notice informing all creditors of a hearing on the matter and the time limit within which objections to the motion must be filed. At the same time, a proposed order granting the relief must also be filed with the court.
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.
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.
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.
Yes, all creditors have the legal option of filing a Motion for Relief From Stay to allow them to be excluded from the bankruptcy petition.
If you are talking about a motion for relief from stay in a bankruptcy case, the exact procedures and forms vary by district. Most local bankruptcy courts will have detailed rules post on their website. Some courts let you file the motion leave it up to the debtor to object to the motion and request a hearing. Others require the moving party to schedle a hearing with the court first.
If the motion is granted, the BK court is allowing the creditor to seize/take back the property, so no, you would not be allowed to keep the property
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.
For every action there is an opposite but equal reaction. An object in motion tends to stay in motion.