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.
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.
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.
We have a lawyer but he has not contact us back. We are behind on the mortgage.
Not enough information contained in question.. Plaintiffs motion for WHAT? Motion for relief of WHAT?
That's a pretty good indicator of their intent.
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
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.
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.
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.
The equivalent of Dramamine for motion sickness relief is Meclizine.
In a Chapter 7 bankruptcy, a person filing for relief is called a
Because of the "automatic stay", which goes into affect as soon as a Bankruptcy is filed, your car cannot be re-possessed while the Bankruptcy is in progress (unless the creditor files a motion with the court asking for relief from the automatic stay). However, as soon as the Bankruptcy is discharged or closed - which occurs approximately 6 months after it is filed - the car can be re-possessed.