Indiana Extend/Impose Stay, Motion is a type of legal motion used in Indiana courts. It is sometimes referred to as a “stay motion” or “motion to stay.” This motion, when filed, asks the court to either extend or impose a stay on the current proceedings. A stay is an order from the court that temporarily stops or delays a court action from taking place. There are two types of Indiana Extend/Impose Stay, Motions. The first type is a Motion to Extend Stay, which is used when a party wants to extend an existing stay. The second type is a Motion to Impose Stay, which is used when a party wants to impose a stay on a court action that has not yet taken place. Both motions must be filed with the court and must include the reasons for the request. The purpose of an Indiana Extend/Impose Stay, Motion is to provide parties with temporary relief from court proceedings, so they can address issues that need to be resolved before the proceedings can continue. This motion is often used to allow parties to negotiate a settlement, conduct discovery, or prepare for trial.
Indiana Extend/Impose Stay,Motion
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First, once a person files a bankruptcy petition, the automatic stay immediately stops the bank from foreclosing on, or repossessing, the debtor's real or personal property. Examples include the debtor's home or her car. The automatic stay doesn't allow the debtor to avoid mortgage or car payments.
An automatic stay stops creditors from trying to collect debts from a debtor who has filed for bankruptcy until court proceedings are completed. Creditors, collection agencies, and others who violate the automatic stay can be sued by the debtor.
The stay requires creditors to cease actions against the debtor and the debtor's property as described in 11 U.S.C. § 362(a). The stay continues until either the case is dismissed or closed or, in an individual case, until the granting or denial of discharge.
Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.
The most commonly sought exceptions are actions by parties to securities contracts to close out open positions; eviction of a debtor by a landlord where the lease has been fully terminated prior to the bankruptcy filing; actions by taxing authorities to conduct tax audits, issue deficiency notices, demand tax returns
The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions.