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What is 'motion for relief from co-debtor stay' and do you need a lawyer to submit a motion or answer to bankruptcy court?
Wiki User
∙ 19y ago
A "motion of relief of stay" is an action filed to have the debt in question released from bankruptcy proceedings. A creditor has the right to petition the court to keep the debt from being discharged in bankruptcy. If the BK is a joint filing, the creditor can decide to "go after" one of the filers, if they believe that person has the means to repay the debt. And has non-exempt property that can be attached in a judgment. A person can file BK and motions associated with the filing without an attorney. One needs to be well informed in BK laws, state and federal. And be very accurate concerning with documentation and procedure. The person is under oath and should be extremely careful with the information that is presented to the court.
Wiki User
∙ 19y ago
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How do you file a rebuttal for relief from bankruptcy stay?
You file an objection to the motion for relief.
What if a Motion for Relief from Stay is only issued for one of the debtors what can the other do?
The other debtor must either make arrangements to pay, modify or otherwise deal with the pre-petition and post-petition arrears and costs and legal fees or be foreclosed upon. A possible action is filing the other debtor's own bankruptcy, if there is not one outstanding, though this will be short-term relief if the second debtor is not able to file a c. 13 with a plan that will address the arrears. The codebtor needs to get an experienced bankruptcy lawyer - and not the same one representing the other debor.
Can new debt be collected after bankruptcy?
Yes, the debts protected under a bankruptcy proceeding are enumerated when bankruptcy is filed. Any debts accrued by the bankrupt party in the future are not protected by a previously filed bankruptcy.
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 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.
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.
In my chapter 7 bankruptcy I have received a Motion for Relief from Stay and Abandonment on my Vehicle. Are they taking my vehicle?
That's a pretty good indicator of their intent.
In a Chapter 7 bankruptcy a person filing for relief is called a?
In a Chapter 7 bankruptcy, a person filing for relief is called a
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.
What is of relief?
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.
Plaintiffs motion overrules motion for relief?
Not enough information contained in question.. Plaintiffs motion for WHAT? Motion for relief of WHAT?
You are currently in a bankruptcy however they repoed your car anyway What can you do?
It depends. If the repo was after you filed, and the lender did not obtain relief from stay to repo, you file a motion to hold the lender and the repo entity in contempt of the automatic stay, and ask for an order that the lender return the vehicle. If the lender did get relief from stay, you cannot do anything. If you are representing yourself, as the saying goes, you have a fool for a client. If you have a lawyer, why aren't you asking him/her?
