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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.
What else can I help you with?
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 the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?
Yes.
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
Plaintiffs motion overrules motion for relief?
Not enough information contained in question.. Plaintiffs motion for WHAT? Motion for relief of WHAT?
In my chapter 7 bankruptcy I have received a Motion for Relief from Stay and Abandonment on my Vehicle. Are they taking my vehicle?
That's a pretty good indicator of their intent.
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.
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.
What is the equivalent of Dramamine for motion sickness relief?
The equivalent of Dramamine for motion sickness relief is Meclizine.
Can you still file chapter 13 to save your home if your lender was granted relief from stay?
Yes, you can still file for Chapter 13 bankruptcy to save your home even if your lender has been granted relief from stay. However, you would need to act quickly to address the situation, as the lender may proceed with foreclosure. In Chapter 13, you can propose a repayment plan to catch up on missed mortgage payments over a period of three to five years. It’s advisable to consult with a bankruptcy attorney to navigate the complexities of your case.
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
Will creditors negociate after filing Motion for Relief from Stay granted?
Hopefully, most would do what they feel is most beneficial for them to get the best result, which is generally paid as much as possible as quickly as possible.
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.
