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To file a motion to stay in a legal proceeding, you need to submit a formal written request to the court asking for a pause or delay in the proceedings. This is typically done by outlining the reasons for the request and providing supporting evidence. It is important to follow the specific rules and procedures of the court where the case is being heard.
What else can I help you with?
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.
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?
Do you have to file a motion to automatic stay after discharge?
no, the stay is created when you file BK and ends when the BK is discharged.
How do you file a rebuttal for relief from bankruptcy stay?
You file an objection to the motion for relief.
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.
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.
Is there anything else you need to do if you have a non-paying tenant who has filed chapter 13 and you have filed a small claims case and a motion for relief of stay?
You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
WHAT DOES This case is stayed pending a ruling on the Motion?
The phrase "This case is stayed pending a ruling on the Motion" means that the legal proceedings of the case are temporarily paused or suspended until a decision is made regarding a specific motion that has been filed. During this stay, no further actions or developments in the case will occur until the court issues its ruling. This is often done to preserve the status quo and ensure that the outcome of the motion is considered before proceeding with the case.
What does motion to stay mean?
A motion to stay is a legal request asking the court to pause or delay proceedings in a case. This can happen for various reasons, such as pending decisions in a related case or for settlement negotiations to take place. It is up to the court's discretion to grant or deny a motion to stay.
What do you need to do to get a stay of a sentence while waiting for appeal?
To obtain a stay of a sentence while waiting for an appeal, you typically need to file a motion with the court requesting the stay. This motion should state the grounds for the appeal and provide reasons why a stay is necessary, such as the risk of irreparable harm if the sentence is enforced during the appeal process. The court will then review the motion and make a decision on whether to grant the stay.
How do you respond to a motion for relief of stay?
It varies. Check your local court rules. The Massachusetts District Bankruptcy Court local rule sets 30 days as the time to reply. Things happen faster after that. If more time is needed, a motion to extend the time to file the reply must be filed and allowed by the court, usually after a hearing.
Motion to stay?
what is motion to stay
