Motion for Relief
A Motion for Relief from the Automatic Stay is the creditors request of the court to take away the stay so that they will be allowed to begin foreclosure or repossession proceedings. This is usually pretty easily resolved by entering into an Agreed Order either allowing the debtor to put their arrears back into their bankruptcy plan via plan modification or amendment or allowing them to catch up their arrears within a six month period. The order is something that the debtor has to strictly adhere to. In the event the Debtor defaults and is unable to cure the default within 10 days the stay lifts and the creditor can then deal with the debtor directly for collection of the debt.
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