What does order vacating automatic stay mean?

The automatic stay is an order that goes into place and stops most collection efforts during your bankruptcy. But the stay isn't absolute. 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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Sample Letter for Hearing on Motion for Relief from Automatic Stay

Bexar Texas Sample Letter for Hearing on Motion for Relief from Automatic Stay

Name: Bexar Texas Sample Letter for Hearing on Motion for Relief from Automatic Stay
Brand: US Legal Forms
Rating: 4.87 (492 reviews)

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Letters - Legal - Bankruptcy

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Multi-State

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Bexar

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US-0188LTR

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This form is a sample letter in Word format covering the subject matter of the title of the form.

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A motion for relief from the automatic stay, also called a stay relief motion, is a request a creditor can submit to the bankruptcy court to ask for permission to take certain collection actions against the person who filed bankruptcy. Usually, you'll see these motions filed by secured creditors.

An automatic stay is a provision in United States bankruptcy law that temporarily prevents creditors, collection agencies, government entities, and others from pursuing debtors for money that they owe.

When relief from stay is granted, it does not remove the property from the bankruptcy estate or grant the creditor ownership of the property. It simply removes the stay and restores the parties to their state law rights. Creditors can then enforce those rights to the extent that the relief from stay order permits.

The automatic stay is an order that goes into place and stops most collection efforts during your bankruptcy. But the stay isn't absolute. 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.

Motion for Relief from Stay and Abandonment is one filed under the Bankruptcy code for conditioning, modifying or dissolving the automatic stay imposed by § 362 of the Bankruptcy Code and for abandonment of property under § 554 of the Bankruptcy Code.

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.

To obtain relief, the creditor must file a motion to request relief, which is usually done soon after the debtor files for bankruptcy. If grounds are shown for why the creditor should be granted a relief from stay, then notice must be sent to the relevant parties.

"Order for relief" is to a court order determining that a debtor is subject to the control of the bankruptcy court. It means a debtor obtain a discharge from all debts that arose before the date of the order for relief. It is obtained through a properly filed voluntary petition.

As mentioned before, the automatic stay ends when the discharge is entered because it's no longer necessary. There is another way for the automatic stay to end automatically and without the need for the creditor to file a motion with the court.

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Bexar Texas Sample Letter for Hearing on Motion for Relief from Automatic Stay

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