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If a motion for relief of stay has been granted in a Chapter 13 case is there any defense?
Wiki User
∙ 8y ago
The best approach would be to work with the Creditor's attorney to come up with some kind of agreement.
You can also move to have the stay reimposed or ask the Judge to reconsider lifting the stay.
If the motion for relief from stay has been granted, you no longer have a defense. The time to raise a defense would have been right after the motion was filed by obtaining a hearing date and opposing the motion. The creditor is not required to negotiate with you, but you should at least try again.
Wiki User
∙ 8y ago
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Can the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?
Yes.
Can a property be assigned without court permission if a creditor in a Chapter 13 Bankruptcy decides to do something different than foreclose once a Motion for Relief from stay has been granted?
No.
Plaintiffs motion overrules motion for relief?
Not enough information contained in question.. Plaintiffs motion for WHAT? Motion for relief of WHAT?
Can you keep property if a motion for relief from automatic stay is entered?
If the motion is granted, the BK court is allowing the creditor to seize/take back the property, so no, you would not be allowed to keep the property
In my chapter 7 bankruptcy I have received a Motion for Relief from Stay and Abandonment on my Vehicle. Are they taking my vehicle?
That's a pretty good indicator of their intent.
Is it legal for a credit company attorney to be sending relief from stay motion papers directly to the creditor instead of the attorney which represents the creditor that has filed chapter 13?
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
Is there anything else you need to do if you have a non-paying tenant who has filed chapter 13 and you have filed a small claims case and a motion for relief of stay?
You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
In a Chapter 7 bankruptcy a person filing for relief is called a?
In a Chapter 7 bankruptcy, a person filing for relief is called a
Will creditors negociate after filing Motion for Relief from Stay granted?
Hopefully, most would do what they feel is most beneficial for them to get the best result, which is generally paid as much as possible as quickly as possible.
Can you keep property if a motion for relief from automatic stay is not granted?
Yes, so long as you keep making the mortgage payments. If you stop paying, eventually the creditor will be allowed to foreclose on the property.
How do you proceed with a liability lawsuit against someone who has filed for bankruptcy to avoid penalties?
You can't, unless the liability is for fraud. You can file a motion for relief from stay, but it will not likely be granted. Unless the court grants you relief from the automatic stay, you cannot proceed. The liability will be discharged.
How do you say relief not granted in spanish?
alivio no otorgado
