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The number of payments required before filing a motion for relief from stay can vary based on the specific bankruptcy case and the court's jurisdiction. Typically, creditors may seek relief after a debtor has missed one or more payments under a Chapter 13 plan. However, it is advisable to consult with a bankruptcy attorney or refer to local court rules for precise requirements related to a particular case.
What else can I help you with?
Can the creditor that filed motion for relief get any money?
Yes.
What is a motion for relief in a divorce case?
The answer depends upon what you are seeking. The term "relief" could refer to alimony, child support the payment of bills by your spouse--just about anything. A motion is a request to the court to take some type of action.
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"
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.
What is a No Opposition Order in a Chapter 13 when a Motion for Relief from Automatic Stay is filed?
In 37 years of bankruptcy practice, i have never seen a "No Opposition Order." If no opposition to any motion is filed, after the time allowed for such oppositions, the court issues an order allowing the motion, stating that no opposition was filed.
How is a motion for relief filed?
To file a Motion, you should take the original and a few copies to the clerk of the court in which it should be filed. The clerk takes the original for the file, and will stamp your copies. You then serve a copy on the opposing party.
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 does reply in opposition to the motion means?
A reply in opposition to the motion is a legal document filed by one party in response to a motion filed by another party. It presents arguments and evidence to oppose the relief sought in the motion and highlights reasons why the court should deny the motion. It is a way for the opposing party to challenge the legal basis or factual assertions of the original motion.
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.
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 is the process for filing a motion for declaratory relief in a legal case?
To file a motion for declaratory relief in a legal case, a party must draft a formal written document outlining the specific legal issue they seek clarification on. This document is then filed with the court and served on all relevant parties. The court will review the motion and may hold a hearing to determine whether declaratory relief is appropriate in the case. If the court grants the motion, it will issue a declaratory judgment resolving the legal issue in question.
Is a complaint an answer or a motion?
A complaint is not an answer or a motion; it is a formal legal document filed by a plaintiff to initiate a lawsuit. It outlines the plaintiff's claims against the defendant and specifies the relief sought. An answer, on the other hand, is the defendant's response to the complaint, while a motion is a request to the court for a specific ruling or order.
