What to know about the Automatic Stay
In a Chapter 13 bankruptcy, the person that files bankruptcy probably will have individuals or entities try to lift the automatic stay. The bankruptcy stay must be lifted in a variety of situations so that a particular bankruptcy action may be taken. A few of the situations that require such action are foreclosures, repossessions, divorces, and probating an individuals will.
To begin the stay removal/conditioning process generally the filing party’s Chapter 13 bankruptcy attorney will contact the other party’s attorney for a Certificate of Conference. In this communication the party will determine whether they are opposed or unopposed to such an action. Being familiar with the reasons for filing motions to lift the automatic stay helps people, that file Chapter 13 bankruptcy, understand their case better.
If you fall behind on your mortgage payments the mortgage company will file a Motion for Relief which is another name for a Motion to Lift the Automatic Stay. Any creditor can petition the court to have the bankruptcy protection removed and it would be job of your bankruptcy lawyer to advise you on the matter. Additionally if you wish to get a divorce, then the same motion must be filed in order to allow you to proceed with the divorce.
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