Topic: Motion for Relief from Stay
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Answers to Common Questions
What is a withdrawal of motion for relief of stay?
Answer Motion for Relief of Stay - a motion filed with the Bankruptcy Court from a creditor that asks the court to allow the creditor to proceed with any collections upon property that was put on hold due to bankruptcy Withdrawl of motion f... Read More »
Source: http://wiki.answers.com/Q/What_is_a_withdrawal_of_motion_for_reli...
What is a Motion for Relief from Stay?
Automatic stays occur under section 362(a) of the Federal Bankruptcy Code. Relief from the stay can be granted under Section 362(d). Usually it is secured creditors who want to foreclose on a piece of property and the stay keeps them from f... Read More »
Source: http://wiki.answers.com/Q/What_is_a_Motion_for_Relief_from_Stay
What happens if the motion for relief from a stay is denied?
Answer Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed. Read More »
Source: http://wiki.answers.com/Q/What_happens_if_the_motion_for_relief_f...
More Common Questions
Answers to Other Common Questions
Answer When you file for bankruptcy, you are protected by the "automatic stay" which prohibits creditors from taking action to collect the debt or from taking your property. In some cases, the creditor will ask the court for permission to c...
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Source: http://wiki.answers.com/Q/You_recieved_a_motion_for_relief_of_sta...
Answer A stay is like a legal "hold" placed for a purpose. If the party that is "held" objects to the "hold" placed on it by a court, that party can petition the court for relief from the stay. They can ask, can make a motion, that the stay...
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Source: http://wiki.answers.com/Q/What_is_dismiss_motion_for_relief_from_...
That the creditor's interest in the property is somehow "adequately protected." Typically, by making payments.
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Source: http://wiki.answers.com/Q/What_is_an_objection_to_a_motion_for_re...
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 ...
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Source: http://wiki.answers.com/Q/What_if_motion_of_relief_for_automatic_...
Answer Sound like someone filed a motion to life a stay, the other party did not oppose the motion, and the court granted it. A stay is an order stopping some action by another person or entity, or stopping the enforcement of a judicial or ...
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Source: http://wiki.answers.com/Q/What_is_ordergranting_motion_for_relief...
Your main points should be: Why it would prove to be an unfair distribution as to other creditors who may also have a right to benefit from that asset. Showing that no damage would be done to the value received, or additional costs incurred...
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Source: http://wiki.answers.com/Q/How_do_you_write_a_response_to_a_motion...
Answer The exact procedure will vary depending on the local procedures of the local bankruptcy. Some bankruptcy courts have mandatory forms while others have optional (but helpful) forms that show you everthing you need to do. You have to f...
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Source: http://wiki.answers.com/Q/How_do_you_file_a_motion_for_relief_fro...
