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How do you fight a granted relief from stay when the creditor was incorrect with their filing?
You should first contact the credit burea and dispute the charge. If you where paying with checks or money orders, try and find all receipts next, if you have gotten a final statement of last payment notice, make copies and send one to the creditor, if that does not work, there are legal services that will help you get your records straight.
What else can I help you with?
Can the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?
Yes.
Is it possible for a creditor to take your monthly salary after filing bankruptcy?
No, unless the creditor gets relief from stay or the bankruptcy is dismisssed.
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.
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.
What does it mean if you receive a paper requesting a Motion For Relief From Stay or Adequate Protection after filing a conversion from CH 13 to 7?
Basically it means there is an objection either from a creditor or the court to the filing. It is possible that the trustee or creditor has decided the person's financial situation does not merit the change in filing. And it is being requested that the filing or a party to it be dismissed.
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.
Why is a Motion for Relief from Stay is filed?
It is filed because a secured creditor (who has stopped receiving payments) wants to foreclose on the collateral of the loan/promissory note. It is filed because a BK filing prevents a creditor from trying any collection activity (the "stay"). So a creditor that wants to continue to collect/foreclose must seek court permission to do so- hence "relief" from "stay"
Can a property be assigned without court permission if a creditor in a Chapter 13 Bankruptcy decides to do something different than foreclose once a Motion for Relief from stay has been granted?
No.
Can you keep property if a motion for relief from automatic stay is not granted?
Yes, so long as you keep making the mortgage payments. If you stop paying, eventually the creditor will be allowed to foreclose on the property.
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
Can you keep property if a motion for relief from automatic stay is entered?
If the motion is granted, the BK court is allowing the creditor to seize/take back the property, so no, you would not be allowed to keep the property
