Motion for Relief
What is a Motion for Relief? Upon filing of a Bankruptcy the Automatic Stay falls into place, in effect staying the creditors’ hands from further collection of the debt listed in the bankruptcy. If a creditor then wants to be allowed to collect this debt they have to file a motion with the court to have the Automatic Stay lifted, this is called a Motion for Relief from the Automatic Stay. For the most part we can resolve the motion with an agreed order keeping the stay in place until such time as the Debtor defaults on the order. When that happens and the Debtor has not cured the default then the stay lifts allowing the creditor to deal directly with the Debtor for payment of the debt.
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