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Motion to Lift Automatic Stay


Motion to Lift Automatic Stay

Bankruptcy petitions filed under Chapter 7, Chapter 11 or Chapter 13 Bankruptcy Section 362(a) of the Bankruptcy Code initiate an automatic stay which forces creditors to stop all collections actions against debtors including: harassing phone calls, repossessions, garnishment of wages, filing lawsuits and collecting fines and levies. The automatic stay gives the debtor time to catch their breath, and if they are filing Chapter 13 Bankruptcy, to complete a plan of debt repayment and submit it to the bankruptcy court.

Automatic stays for Chapter 13 Bankruptcy generally remain in effect until the debtor repays their debts and gets a discharge from the bankruptcy court or the property is determined not to be part of the debtor's estate. An automatic stay for Chapter 7 Bankruptcy may only be temporary. Creditors seeking payment for real property may request a motion to lift the automatic stay, and if for instance, a home was in foreclosure, the lift of the automatic stay will allow the creditor to continue their foreclosure proceedings. Lifting the automatic stay also allows creditors to proceed with debt collections for liabilities which are not protected by filing for bankruptcy protection. Talk to a bankruptcy attorney about liabilities which can not be discharged by filing bankruptcy and whether or not it is best to file Chapter 7 Bankruptcy or Chapter 13 Bankruptcy.


More Help on Motion to Lift Automatic Stay

  • Automatic Stay - If a petition is filed under Chapter 7, Chapter 11 or Chapter 13 Bankruptcy Section 362(a) of the Bankruptcy Code, it initiates an automatic stay which is basically an injunction against creditors to cease any activities which advance the interest of the creditor against the debtor. - read more

  • Bankruptcy Code - The United States constitution outlined in Article I, Section 8, gave the right of Congress to establish \"uniform laws on the subject of bankruptcies.\" - read more

  • Bankruptcy Petition - The bankruptcy petition is an official form filed by the person who wants to begin the Bankruptcy process. - read more

  • What is the Motion for Relief from Stay? - It means creditors are asking the court to lift the restraining order against them from collecting on unpaid bills so they may continue with whatever course of action they were pursuing before the bankruptcy was filed. - read more

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