A Trustee's motion to prevent termination of automatic stay — passive notice is a motion filed by a bankruptcy trustee to stop a creditor from taking an action that would terminate the automatic stay. This motion is usually filed when the creditor has not followed the proper procedure to terminate the automatic stay, such as not having served the required notice. The motion will ask the court to order the creditor to follow the proper procedure in order for the automatic stay to be lifted. There are two common types of Trustee's motion to prevent termination of automatic stay — passive notice: 1) Motion to Show Cause, and 2) Motion for Contempt. A Motion to Show Cause requires the creditor to explain why they should not be held in contempt for their attempt to terminate the automatic stay without providing proper notice. A Motion for Contempt is a request to the court to hold the creditor in contempt for their attempt to terminate the automatic stay without providing proper notice.
Trustee's motion to prevent termination of automatic stay - passive notice
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How to fill out Trustee's Motion To Prevent Termination Of Automatic Stay - Passive Notice?
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FAQ
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.
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.
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.
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.
A court may grant relief from an automatic stay "for cause, including the lack of adequate protection of an interest in property."1 That refers to circumstances in which the value of a property or secured collateral may decrease while the bankruptcy case is being resolved.
Question: Which of the following is true regarding actions that may be taken while an automatic stay is in effect in a Chapter 7 proceeding? Creditors can attempt to repossess property.
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.