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Relief From The Automatic Stay


Relief From The Automatic Stay

The automatic stay is initiated when the debtor files their bankruptcy petition. The automatic stay may be lifted for certain secured creditors if they can prove "cause". Secured creditors who wish to continue their debt collections efforts must file (with the Bankruptcy Court) a Motion for Relief from the Automatic Stay. In some circumstances, if the trustee, the creditor and the debtor are in agreement, the creditor must file a Stipulation for Relief.

Creditors must make a $150 payment for a Motion for Relief from an Automatic Stay which can be made by cash, money order or cashier's check. Whichever party files the motion must pay the filing fee (including the debtor). The filer must provide the court 1) the payment for the relief 2) the original Motion for Relief from the Automatic Stay and 3) the original Notice of the Motion for Relief. This form provides details for the Motion of Relief and outlines the methods for the parties to file their objections to the motions which must be done within 15 days from the date the motion is served to them, it must be done in writing and the original form must be filed with the Bankruptcy Court.


More Help on Relief From The 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

  • Motion to Lift Automatic Stay - Lifting the automatic stay also allows creditors to proceed with debt collections for liabilities which are not protected by filing for bankruptcy protection. - read more

Chapter 7 and Chapter 13 Bankruptcy Help

The two most common consumer bankruptcies are Chapter 7 and Chapter 13, our sponsoring lawyers handle these types exclusively so you can be sure you are getting accurate legal advice when you file bankruptcy. Our Bankruptcy attorneys will fight to protect your rights and your property, fight the aggressive and annoying creditors for you, and they can help you keep your home, vehicles and other property.

A lawyer will be committed to getting you debt relief and providing you with valuable information, services and advice to get you a better financial future. There are many convenient locations to make filing bankruptcy or learning about the alternatives we offer, even easier.

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