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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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โˆ™ 2006-08-31 16:25:20
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Q: What happens if the motion for relief from a stay is denied?
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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 file a rebuttal for relief from bankruptcy stay?

You file an objection to the motion for relief.


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.


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

Yes.


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.


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 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.


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 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.


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 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.


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.

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