Virginia Motion to Extend Automatic Stay and Notice of Motion

State:
Multi-State
Control #:
US-03255BG
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Preview Motion to Extend Automatic Stay and Notice of Motion
  • Preview Motion to Extend Automatic Stay and Notice of Motion
  • Preview Motion to Extend Automatic Stay and Notice of Motion

How to fill out Motion To Extend Automatic Stay And Notice Of Motion?

Are you currently within a position in which you need papers for possibly business or specific purposes nearly every day time? There are tons of lawful file themes accessible on the Internet, but discovering kinds you can rely isn`t easy. US Legal Forms gives 1000s of form themes, much like the Virginia Motion to Extend Automatic Stay and Notice of Motion, that are written to satisfy state and federal specifications.

If you are currently familiar with US Legal Forms site and also have an account, simply log in. Afterward, it is possible to down load the Virginia Motion to Extend Automatic Stay and Notice of Motion design.

If you do not provide an account and wish to begin to use US Legal Forms, adopt these measures:

  1. Find the form you need and make sure it is to the appropriate metropolis/region.
  2. Utilize the Preview button to review the form.
  3. Read the outline to actually have chosen the proper form.
  4. When the form isn`t what you`re searching for, use the Search field to find the form that meets your needs and specifications.
  5. Once you obtain the appropriate form, click Acquire now.
  6. Opt for the rates prepare you desire, submit the required details to make your money, and purchase your order with your PayPal or charge card.
  7. Pick a practical document format and down load your backup.

Find all of the file themes you possess bought in the My Forms food list. You may get a further backup of Virginia Motion to Extend Automatic Stay and Notice of Motion any time, if required. Just select the required form to down load or print the file design.

Use US Legal Forms, the most substantial variety of lawful varieties, to conserve time and prevent mistakes. The services gives professionally manufactured lawful file themes that can be used for a range of purposes. Make an account on US Legal Forms and start producing your way of life a little easier.

Form popularity

FAQ

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

If a creditor ?willfully? violates the automatic stay and this violation injures an individual, the law requires the creditor to pay the individual actual damages, including costs and attorney fees, and may be required to pay punitive damages to punish this violation of the Bankruptcy Code. See 11 U.S.C. § 362(k).

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 most 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 and make ...

Section 362(k)(1) provides that an individual injured by any willful violation of the automatic stay ?shall recover actual damages, including costs and attorneys' fees, and in appropriate circumstances, may recover punitive damages.?

Upon the filing of a bankruptcy, an injunction (called the ?Automatic Stay?) goes into effect which in most circumstances stops creditors from most collection actions. The stay arises by operation of law and requires no judicial action.

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.

A willful violation exists when a party knew of the automatic stay and the actions taken in violation of the stay were intentional.[3] The presence of intention is irrelevant, however, as only the actions taken must be intentional.[4]

Trusted and secure by over 3 million people of the world’s leading companies

Virginia Motion to Extend Automatic Stay and Notice of Motion