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A Creditor who can show it needs to act to assure no loss of value in it's secured interest.
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∙ 15y ago
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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 a rebuttal for relief from bankruptcy stay?
You file an objection to the motion for relief.
Can a relief of stay be overturned?
Sure...but with reason
What is a relief from automatic stay?
Relief allows the creditor to continue collection actions/foreclosure/repossession.
Are banks willing to provide some debt relief so that I am able to stay in my home?
No, the government on the other hand will provide some debt relief so that I am able to stay in my home
What is removed from stay from your mortgage?
In bankruptcy law, an automatic 'stay' is an order goes into effect when a person files for bankruptcy. It prohibits creditors from taking certain actions against you including foreclosure proceedings. The stay gives the court time to gather all the information it needs to make a fair distribution of bankruptcy assets. The automatic stay can be lifted from certain property by the court so that property can be sold. Lenders frequently request relief from the automatic stay so a foreclosure can proceed. That relief is often granted and property can be sold."Remove from stay" is a way to say that the bankruptcy court has allowed a motion to sell the property at a foreclosure sale.
Can the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?
Yes.
reaason for storing files in folders?
to stay organized
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.
Releif from Automatic Stay?
If relief from automatic stay has been lifted against you, the creditor may now proceed to collect the debt.
Can you file a personal bankruptcy while in a business law suit?
Assuming you mean litigation and not clothing, yes. If you are the plaintiff, the trustee may take the case over from your attorney and the proceeds if any. If you are the defendant, the case stops unless the plaintiff files and gets relief from stay.
If you are a landholder on a home and the person files bankruptcy will they be able to include the debt they owe you into the bankruptcy?
They can include it, but the creditor/landholder can file a relief of stay to have the debt excluded from being discharged in the bankruptcy. The decision of what debts are to be discharged are determined by state and/or federal law and the bankruptcy judge.
