North Carolina Local Form 11 — Motion for Relief from Stay Post-petition Transaction History — Debtor Form is a document filed in the bankruptcy court by a debtor to request relief from the automatic stay. The form contains information about the post-petition transactions, including the date of the transaction, the amount, the parties involved, and the purpose of the transaction. The debtor must provide a detailed description of the post-petition transaction, including the date, amount, and purpose of the transaction, and must also provide proof of payment or evidence of the transaction. This form is used in Chapter 7, 11, and 13 bankruptcies. The different types of North Carolina Local Form 11 — Motion for Relief from Stay Post-petition Transaction History — Debtor Form are as follows: 1. Chapter 7: This form is used for a Chapter 7 bankruptcy case, in which the debtor is seeking relief from the automatic stay. 2. Chapter 11: This form is used for a Chapter 11 bankruptcy case, in which the debtor is seeking relief from the automatic stay. 3. Chapter 13: This form is used for a Chapter 13 bankruptcy case, in which the debtor is seeking relief from the automatic stay.
North Carolina Local Form 11 - Motion for Relief from Stay Post-petition Transaction History - Debtor Form
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How to fill out North Carolina Local Form 11 - Motion For Relief From Stay Post-petition Transaction History - Debtor Form?
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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.
The automatic stay remains in effect until the case is closed or dismissed or, in an individual case, until the granting or denial of the debtor's discharge, whichever happens first. Creditors may file a Motion for Relief from the Automatic Stay requesting the stay be lifted to allow them to pursue their legal rights.
The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition.
The automatic stay is an order that goes into place when you file for bankruptcy and stops most collection efforts. But the stay isn't absolute, and a creditor can ask the bankruptcy court to lift the automatic stay and allow collection efforts to resume.
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
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.
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.
Domestic proceedings, such as dissolution of marriage, domestic violence, paternity actions and actions for domestic support or child custody or visitation actions. Withholding, suspension or restriction of a driver's license or recreational or occupational license for failure to pay support obligations.