Tennessee Motion to Extend Automatic Stay and Notice of Motion

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Multi-State
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US-03255BG
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Word; 
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Description

After the filing of a bankruptcy petition, the debtor needs protection from the collection efforts of its creditors. Therefore, the bankruptcy law provides that the filing of either a voluntary or involuntary petition operates as an automatic stay which prevents creditors from taking action against the debtor. This is similar to an injunction against the creditors of the debtor. The automatic stay ends when the bankruptcy case is closed or dismissed or when the debtor is granted a discharge. Anyone who willfully violates the stay in the case of an individual debtor can be liable for actual damages caused by the violation and sometimes liable for punitive damages.

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FAQ

Generally, the stay automatically terminates on the earliest of: The case being closed or dismissed. The time a discharge is granted or denied.

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 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. If successful, the creditor can continue pursuing its debt. When a Creditor Tries to Lift (Remove) the Automatic Stay - Nolo nolo.com ? legal-encyclopedia ? creditor-lift... nolo.com ? legal-encyclopedia ? creditor-lift...

10 years Tennessee judgments are good for 10 years. Tenn. Code Ann. § 28-3-110(2) limits the life of a judgment and provides that ?actions on judgments and decrees of courts of record of this or any other state or government ? The Secret of Eternal Life - TBA Law Blog - Tennessee Bar Association tba.org ? ... tba.org ? ...

If the court grants them relief from the stay, the creditor can continue collections against you. A common example can be when a landlord moves to continue evicting a tenant whose lease fully expired before bankruptcy was filed and an automatic stay went into effect.

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. If successful, the creditor can continue pursuing its debt.

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Tennessee Motion to Extend Automatic Stay and Notice of Motion