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What else can I help you with?
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.
Can a creditor take a car after 3years of chapter7 bankruptcy?
If you don't don't make your payment; they sure can. Chapter 7 bankruptcy doesn't last 3 years anyway. Once the automatic stay is up (meaning, you received a discharge) or the case was dismissed. They can do anything they want. In fact, they can file a motion to life the automatic stay and take the car as quickly as the judge approves it.
Can you file a lawsuit on a collection agency that was listed on your chapter 7 discharge for continually harassing you after your discharge?
Yes you can file suit against the collection agency for violating the automatic stay. If you need further assistance please visit us at: <A HREF="https://www. OntrackFinancialGroup.com">Ontrack Financial Group</A>
How do you file motion for release stay?
is there a special form to fill out to file motion for release stay? where is the form obtained? what's the cost, are there attorneys that will assist?
How do you file a rebuttal for relief from bankruptcy stay?
You file an objection to the motion for relief.
Can a creditor reposses my boat before the automatic stay is lifted in chapt 7?
No, that would be a violation, and the debtor should be able to recover damages for it. The debtor does have to file a motion for damages, however.
How do you get an automatic stay issued by a us bankruptcy court to stop an illegal foreclosure?
When you file for bankruptcy, the stay is automatically issued. That's why it's called and automatic stay. You needn't do anything.
Which is easier and more prudent for you to file: a relief from stay or an adversary complaint Previous owners of your house commited fraud you can't afford a second lawyer who lives across country?
The question is impossible to answer without more details about what you are trying to accomplish. If you are trying to foreclose, you need to file a motion for relief from stay. If you want object to the discharge of the debt, you need to file an adversary proceeding.
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.
I filed bankruptcy chapter 13 back in 2007 or 2008 and I was wondering how long do I have to wait to try to file again?
If the previous 13 was dismissed before it was completed, and the dismissal was not for cause or "with prejudice" - meaning it cannot be refiled - then a new 13 bankruptcy can be filed any time. If the court thinks you are gaming the system, though, by refiling, you may have a problem. The automatic stay will only be valid for 30 days and the debtor has to file a motion to extend the automatic stay indefinitely. If the judge thinks you are not serious, s/he may deny the motion.
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.
How does someone collect money owed from a person who has already filed chapter 13?
You should file a claim in his/her Chapter 13 case; you may or may not get your money back. If you don't file a claim, you're out of luck; he/she is protected by the automatic stay while in Chapter 13, and by the discharge afterwards. (If you think it's fraud, consult an attorney.)
