0
The motion for relief will be granted by default unless you contact the court, obtain a hearing date and file opposition. The court will make a ruling at the hearing the court or opposing counsel will send you a copy of any order lifting the stay is signed by the judge.
Add your answer:
Earn +20 pts
What does automatic stay under title 11 mean concerning a repossessed car?
I'm assuming you are asking regarding a bankruptcy. An automatic stay is a utility of the court, that legally prevents contact with you from creditors after they have been notified of the bankruptcy proceedings. Once you file, the stay protects you and your proerty for as long as the stay exists. Once the BK is dismissed or discharged, the stay is lifted. While the stay is in effect, the vehicle cannot be involuntarily repossessed.
Process to foreclose after an automatic stay is lifted?
If the automatic stay is lifted and no foreclosure has been filed, one just needs filed as normal. If the foreclosure was already filed and the automatic stay was lifted, the creditor simply informs the Court with the foreclosure that the stay was lifted and the case will resume. 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.
Releif from Automatic Stay?
If relief from automatic stay has been lifted against you, the creditor may now proceed to collect the debt.
Motion to stay?
what is motion to stay
Now that the temporary stay on the same-sex marriage ban has been lifted in California when can same-sex couples marry?
The stay on the decision overturning Proposition 8 is still in place pending appeal. Same-sex couples may not marry in California unless the decision is upheld on appeal and the stay is lifted.
Can a creditor reposses my boat before the automatic stay is lifted in chapt 7?
No, that would be a violation, and the debtor should be able to recover damages for it. The debtor does have to file a motion for damages, however.
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.
For an object to stay in motion what has to act on it?
Nothing. The natural tendency of an object in motion, is to stay in motion.
What does it mean in court when a stay order is lifted?
This means that the stay order is no longer in affect.
What has to act on an object for it to stay in motion?
An external force must act on an object for it to remain in motion. According to Newton's first law of motion, an object at rest will stay at rest and an object in motion will stay in motion unless acted upon by an external force.
What is the next step after the automatic stay is lifted?
AnswerAn automatic stay stops creditors from proceeding against you, either garnishing wages or siezing property. I think after the automatic stay is lifted, the creditor requesting that the stay is lifted, can proceed against you for the item they want back.Once the stay is lifted [granted] by the Bankruptcy Court, the creditor is free to take whatever action is appropriate to recover and sell the property. If the debtor is granted a discharge in bankruptcy, the debtor will not be required to pay to the creditor any deficiency amount that results if the sale of the collateral does not generate enough money to pay the debt in full.Further it also depends on how you respond after lifting of stay, if you do not make any payment, creditor may continue with his course of action. It is always better filing proper reply to the motion to lift the automatic stay.An experienced Attorney would assist you in all these aspects.
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.
