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Yes, you can sell your home after a relief to stay is granted, but you should consider the specific circumstances of your case. If the relief to stay is related to a legal matter, such as bankruptcy or foreclosure, you may need to address any restrictions or obligations that apply to the property. It's essential to consult with a legal professional to understand any potential implications on the sale process.
What else can I help you with?
Can the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?
Yes.
Why would heloc file for relief of stay if home is underwater?
Because they want to sell the property and go after you for the deficiency. At least they will get something on the debt.
Are banks willing to provide some debt relief so that I am able to stay in my home?
No, the government on the other hand will provide some debt relief so that I am able to stay in my home
How much time does a company have to pick up equipment after they are granted a relief from stay?
Repossession actions are governed by state statues.
In a bankruptcy is it likely a 'Relief Of Stay' would be granted to a landlord if the tenant was 5 months behind on rent and was notified of the lease being terminated?
No.
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.
If a motion for relief of stay is granted for only one debtor what does the other debtor do?
Hard question to answer since...foolish me...I thought CREDITORS asked for relief from stay...a debtor would never want one to be granted and would normally oppose it strongly. (Relief from Stay STOPS the protection of the Court and law that prohibits creditors from proceeding with collection actions, like repossession or foreclosure or garnishment against the debtor). Not understanding that basic difference really means you really should have professional help in the case.
How long will you be able to live in your home after a motion of stay is granted or you surrender the home?
In my case you have 30 days on South Carolina
Creditor was granted relief of stay relief was for repossession and sale of car is the creditor entitle to seek money when their relief was for possession and sale of car only?
The motion for relief from stay only affects the creditor's right to proceed against the property that secures the debt. The creditor's right to be paid any deficiency after sale depends on the kind of bankruptcy. In a 7, no. In a 13, it depends on what the other unsecured creditors are getting.
How much time do you have to sell your home after a motion for relief from stay is completed?
That would be determined by state statutes. You need to consult with a your attorney ASAP. In some states the mortgage lender can foreclose within 30-60 days.
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.
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.
