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New York Cover Sheet 362d Relief From Stay

Category:
Bankruptcy - Official - Western District
State:
New York
Control #:
NY-BKR-406W
Format:
PDF
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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.

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FAQ

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.

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 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 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.

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.

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 .

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.

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.

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.

New York Cover Sheet 362d Relief From Stay Related Searches

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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.

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