After the filing of a bankruptcy petition, the debtor needs protection from the collection efforts of its creditors. Therefore, the bankruptcy law provides that the filing of either a voluntary or involuntary petition operates as an automatic stay which prevents creditors from taking action against the debtor. This is similar to an injunction against the creditors of the debtor. The automatic stay ends when the bankruptcy case is closed or dismissed or when the debtor is granted a discharge. Anyone who willfully violates the stay in the case of an individual debtor can be liable for actual damages caused by the violation and sometimes liable for punitive damages.
Delaware Motion to Extend Automatic Stay and Notice of Motion
Instant download
Description
Free preview
How to fill out Motion To Extend Automatic Stay And Notice Of Motion?
If you wish to complete, down load, or printing legal record layouts, use US Legal Forms, the greatest collection of legal types, which can be found on-line. Use the site`s simple and easy hassle-free research to get the paperwork you will need. Different layouts for business and specific purposes are categorized by classes and claims, or key phrases. Use US Legal Forms to get the Delaware Motion to Extend Automatic Stay and Notice of Motion in a couple of clicks.
If you are previously a US Legal Forms consumer, log in in your account and click the Obtain key to obtain the Delaware Motion to Extend Automatic Stay and Notice of Motion. You may also entry types you in the past saved from the My Forms tab of your own account.
If you work with US Legal Forms initially, refer to the instructions beneath:
- Step 1. Make sure you have chosen the form for the right town/land.
- Step 2. Make use of the Review solution to check out the form`s information. Never overlook to learn the information.
- Step 3. If you are not happy with the form, use the Look for area on top of the display to locate other versions of the legal form format.
- Step 4. Upon having located the form you will need, go through the Buy now key. Opt for the costs program you prefer and add your references to sign up for an account.
- Step 5. Procedure the deal. You can use your charge card or PayPal account to accomplish the deal.
- Step 6. Select the file format of the legal form and down load it on your own product.
- Step 7. Total, revise and printing or indicator the Delaware Motion to Extend Automatic Stay and Notice of Motion.
Each and every legal record format you buy is your own forever. You may have acces to each form you saved inside your acccount. Go through the My Forms section and choose a form to printing or down load again.
Be competitive and down load, and printing the Delaware Motion to Extend Automatic Stay and Notice of Motion with US Legal Forms. There are many expert and status-specific types you can utilize to your business or specific requires.
Form popularity
FAQ
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.
Upon the filing of a bankruptcy, an injunction (called the ?Automatic Stay?) goes into effect which in most circumstances stops creditors from most collection actions. The stay arises by operation of law and requires no judicial action.
The automatic stay generally remains in place until the discharge is entered. Once that happens, you're no longer responsible for the unsecured debts incurred before your Chapter 7 was filed. The permanent protection from creditors provided by the discharge is much stronger than the automatic stay.
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.
The automatic stay remains in effect until your case is closed. But, of course, it isn't always that simple. For Chapter 7, it's often the case that a stay will last the 3-5 months the court case is open. For Chapter 13, bankruptcy cases could take anywhere from 3-5 years.