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

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βˆ™ 2006-08-31 16:25:20

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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.

2006-08-31 16:25:20
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What is dismiss motion for relief from stay?

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.

How do you respond to a motion for relief of stay?

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.

How do you file a rebuttal for relief from bankruptcy stay?

You file an objection to the motion for relief.

What is a withdrawal of motion for relief of stay?

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.

Can the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?


What if the court grants a motion for relief from stay?

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

What is a Motion for Stay?

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.

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 an objection to a motion for relief from stay?

That the creditor's interest in the property is somehow "adequately protected." Typically, by making payments.

What is a Motion for Relief from Stay?

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.

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 collect payment from someone going through bankruptcy?

Yes, but only if you file motion for relief from stay with the bankruptcy court stating grounds for the judge to allow the motion.

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.

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.

Motion to stay?

what is motion to stay

How do you petition the bankruptcy court for release from a stay in a bankruptcy case?

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.

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.

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.

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.

Can a bankruptcy be disputed by a creditor?

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.

How do you file a motion for relief?

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.

Can you keep property if a motion for relief from automatic stay is entered?

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

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 happens to vehicles during collisions and the laws that apply?

For every action there is an opposite but equal reaction. An object in motion tends to stay in motion.