Does the automatic stay apply to all or part of the debtors consumer debt?

The automatic stay has a broad scope, applying to all creditors, whether secured or unsecured, and to all of the debtor's property, wherever located. It forbids creditors from pursuing both formal and informal actions and remedies against the debtor and its property.

What does Automatic Stay mean in Chapter 13?

Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

Does the automatic stay apply to all or part of the debtors consumer debt?

The automatic stay has a broad scope, applying to all creditors, whether secured or unsecured, and to all of the debtor's property, wherever located. It forbids creditors from pursuing both formal and informal actions and remedies against the debtor and its property.

What does Automatic Stay mean in Chapter 13?

Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

US Legal Forms
New York Cover Sheet 362d Relief From Stay

New York Cover Sheet 362d Relief From Stay

Name: New York Cover Sheet 362d Relief From Stay
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.61 (230 reviews)

Category:

New York Bankruptcy - Official - Western District

State:

New York

Control #:

NY-BKR-406W

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

Cover Sheet 362d Relief From Stay New York Cover Sheet 362d Relief From Stay is a legal document used to request relief from the automatic stay of a bankruptcy case. This document is used in the U.S. Bankruptcy Court for the Southern District of New York. There are two types of New York Cover Sheet 362d Relief From Stay: (1) Motion for Relief From Stay and (2) Application for Relief From Stay. The Motion for Relief From Stay requires a court hearing and a decision by the judge, while the Application for Relief From Stay does not require a hearing, but instead the parties must reach an agreement that is filed with the court. The document includes information such as the debtor's name, address, and case information; the creditor's name, address, and claim information; the relief requested; and any other relevant information.

New York Cover Sheet 362d Relief From Stay is a legal document used to request relief from the automatic stay of a bankruptcy case. This document is used in the U.S. Bankruptcy Court for the Southern District of New York. There are two types of New York Cover Sheet 362d Relief From Stay: (1) Motion for Relief From Stay and (2) Application for Relief From Stay. The Motion for Relief From Stay requires a court hearing and a decision by the judge, while the Application for Relief From Stay does not require a hearing, but instead the parties must reach an agreement that is filed with the court. The document includes information such as the debtor's name, address, and case information; the creditor's name, address, and claim information; the relief requested; and any other relevant information.

View Alibi

View this form

View Justification, Duress, or Coercion

View this form

View Self-Defense - Defense of Third Person

View this form

View "Knowingly" - To Act

View this form

View "Willfully" - To Act

View this form

How to fill out New York Cover Sheet 362d Relief From Stay?

If you’re searching for a way to properly prepare the New York Cover Sheet 362d Relief From Stay without hiring a legal professional, then you’re just in the right spot. US Legal Forms has proven itself as the most extensive and reputable library of official templates for every individual and business situation. Every piece of paperwork you find on our web service is drafted in accordance with federal and state regulations, so you can be sure that your documents are in order.

Adhere to these straightforward instructions on how to acquire the ready-to-use New York Cover Sheet 362d Relief From Stay:

Make sure the document you see on the page meets your legal situation and state regulations by examining its text description or looking through the Preview mode.
Type in the document title in the Search tab on the top of the page and select your state from the list to find another template in case of any inconsistencies.
Repeat with the content verification and click Buy now when you are confident with the paperwork compliance with all the requirements.
Log in to your account and click Download. Create an account with the service and select the subscription plan if you still don’t have one.
Use your credit card or the PayPal option to purchase your US Legal Forms subscription. The blank will be available to download right after.
Decide in what format you want to get your New York Cover Sheet 362d Relief From Stay and download it by clicking the appropriate button.
Upload your template to an online editor to complete and sign it quickly or print it out to prepare your paper copy manually.

Another great thing about US Legal Forms is that you never lose the paperwork you purchased - you can pick any of your downloaded templates in the My Forms tab of your profile whenever you need it.

Form Rating

4.61

Satisfied(230)

Form popularity

FAQ

Civil cases involving family or domestic issues - Most family court proceedings cannot be halted by the automatic stay, including child custody and paternity cases, as well as divorce cases addressing issues other than the division of marital property.

Generally, the creditor on a post-petition debt cannot collect the debt until either the automatic stay is terminated or the creditor receives permission to collect from the bankruptcy court.

Filing a Motion and Setting a Hearing Date -- A Motion for Relief from the Automatic Stay is commenced by filing the appropriate motion and setting the motion for a hearing date. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms.

Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements. (a) Relief From Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property .

Post-petition debt is a debt you obtain after filing your bankruptcy case. These debts are not part of your bankruptcy case and will not be discharged.

What are the exceptions to the automatic stay under 11 U.S.C § 362? Establishing paternity; Establishing or modifying domestic support obligations, including child support and alimony; Child custody or visitation matters; Divorce proceedings; Domestic violence matters.

The automatic stay has a broad scope, applying to all creditors, whether secured or unsecured, and to all of the debtor's property, wherever located. It forbids creditors from pursuing both formal and informal actions and remedies against the debtor and its property.

Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

Because of the duration of the court case, a Chapter 7 automatic stay often lasts for three to four months. In contrast, the automatic stay remains effective on Chapter 13 bankruptcy cases throughout the duration of the debtor's repayment plan, assuming they comply with the terms.

Generally, the creditor on a post-petition debt cannot collect the debt until either the automatic stay is terminated or the creditor receives permission to collect from the bankruptcy court.

Post-petition debt is a debt you obtain after filing your bankruptcy case. These debts are not part of your bankruptcy case and will not be discharged.

More info

00 References: Bankruptcy Code Sections: 362(d), 363, 364, 1201, 1301. This cover sheet must accompany every 362(d) motion served and filed with this court for the purpose of assisting the court in its review of your papers.Read Section 362 - Automatic stay, 11 U.S.C. § 362, see flags on bad law, and search Casetext's comprehensive legal database. Development ("HUD"), seeks an order under 11 U.S.C. §§ 362 and 105, Fed. It is provided for in section 362 of the Bankruptcy Code. Whether the debtor has equity in the property and if the lender is otherwise entitled to relief from the stay under section 362(d) of the Bankruptcy Code. "with respect to the debtor" limits the termination of the automatic stay to the debtor and property of the debtor). 16 Reswick, 446 B.R. at 366. That statute contained two provisions that are at the heart of this case: the automaticstay provision,. The stay expires 30 days after filing of the motion unless the court, after notice and hearing, continues it.

New York Cover Sheet 362d Relief From Stay

Description

Related forms

How to fill out New York Cover Sheet 362d Relief From Stay?

Show more info

Form Rating

Form popularity

FAQ

What are the exceptions to the automatic stay in Chapter 13?

Does Automatic Stay apply to post petition debt?

How do you lift an Automatic Stay?

What is Rule 4001?

Are post-petition debts discharged in Chapter 13?

What are the exceptions to the automatic stay?

Does the automatic stay apply to all or part of the debtors consumer debt?

What does Automatic Stay mean in Chapter 13?

How long does automatic stay last in Chapter 13?

What are the exceptions to the automatic stay in Chapter 13?

Does Automatic Stay apply to post petition debt?

How do you lift an Automatic Stay?

What is Rule 4001?

Are post-petition debts discharged in Chapter 13?

What are the exceptions to the automatic stay?

Does the automatic stay apply to all or part of the debtors consumer debt?

What does Automatic Stay mean in Chapter 13?

How long does automatic stay last in Chapter 13?

More info

Trusted and secure by over 3 million people of the world’s leading companies