Oregon Notice of Motion For Relief From Automatic Stay In Chapter 7 Or 13 Case is a document that can be filed in the bankruptcy court in order to obtain permission from the court to take action against a debtor who has filed for either Chapter 7 or 13 bankruptcy protection. This document is used to request relief from the automatic stay that is put in place when a debtor files for bankruptcy. The Notice of Motion must include specific information about the debtor and the action the creditor wishes to take against them. There are two types of Oregon Notice of Motion For Relief From Automatic Stay In Chapter 7 Or 13 Case, a standard motion and an adversary proceeding motion. A standard motion is used when the creditor has a claim against the debtor that does not involve a dispute or disagreement. An adversary proceeding motion is used when the creditor has a claim against the debtor that must be resolved by the court.
Oregon Notice of Motion For Relief From Automatic Stay In Chapter 7 Or 13 Case
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FAQ
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.
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.
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.
This Standard Clause for use in a forbearance or restructuring agreement provides for a defaulting borrower to waive its right to assert the automatic stay against a lender if it later files for bankruptcy. This Standard Clause has integrated notes with important explanations and drafting tips.
The most common reason for a creditor to make a motion for relief from the automatic stay is that the debtor has filed Chapter 7 Bankruptcy or Chapter 13 Bankruptcy and does not want to use the bankruptcy to keep their house or car.
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.