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Secured creditors like banks are going to get paid first. This is because their credit is secured by assets?typically ones that your business controls. Your plan and the courts may consider how integral the assets are that secure your loans to determine which secured creditors get paid first though.
What is a Motion for Relief From Stay? A motion for relief from automatic stay, also known as a stay relief motion, is something a creditor requests from the bankruptcy court. They essentially ask the court for permission to continue certain collection actions against you.
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
A secured creditor may obtain relief from the automatic stay for acts against property if both the: Debtor does not have equity in the property. Property is not necessary to an effective reorganization.
The automatic stay protects the interests of both debtors and creditors. The primary purpose is to assist the debtor. From the debtor's perspective, it provides a breathing spell from the pressure and demands of creditors.
Chapter 13 cases can be filed for no money down because the attorney fees and court costs can be rolled into a 3-5 year repayment plan. While you're at it, you can also wipe away all of your other unsecured debt (credit cards, medical bills, payday loans, old collections, etc.).