Motion to Extend
Motions to extend stays are filed in cases when a Debtor has filed a bankruptcy at least one time in the prior year. Under the new bankruptcy laws, the stay will not be put into place unless you have one of these hearings. If your attorney fails to file this motion and have it set for hearing, any secured creditor could begin to foreclosure without having to go through the courts. The reason is because this particular motion is going to reinstate that stay. Unlike the old bankruptcy laws where you could file over and over and the bankruptcy stay would be placed into effect once the case was filed. You can call this way for the creditors to take advantage of inexperienced bankruptcy attorney’s and cause a lot of pain for the Debtors. This type of motion is extremely important to make sure it is filed. This type of hearing also requires that one of the Debtors attend a hearing before the Judge to explain why they feel that this new bankruptcy is going to be successful compared to the last one. If you have any questions or concerns about this type of hearing, you should consult with your attorney.
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