How do you get around an automatic stay?

Usually, a creditor can get around the automatic stay by asking the bankruptcy court to remove ("lift") the stay. To avoid fines and penalties, the creditor must file a motion asking for permission to continue with collection efforts.

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Sample Letter for Hearing on Motion for Relief from Automatic Stay

San Bernardino California Sample Letter for Hearing on Motion for Relief from Automatic Stay

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

Category:

Letters - Legal - Bankruptcy

State:

Multi-State

County:

San Bernardino

Control #:

US-0188LTR

Format:

Instant download

Description

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

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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.

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.

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.

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.

Adequate Protection Compensates Secured Creditors for Postpetition Declines in the Value of Their Collateral. Derived from Fifth Amendment property protections under the due process clausecreditors cannot be deprived of their property without due process.

Usually, a creditor can get around the automatic stay by asking the bankruptcy court to remove ("lift") the stay. To avoid fines and penalties, the creditor must file a motion asking for permission to continue with collection efforts.

Order for relief refers to an actual court order determining that a debtor is subject to the control of the bankruptcy court. The Bankruptcy Code enables a debtor to obtain a discharge from all debts that arose before the date of the order for relief. A voluntary petition constitutes an order for relief.

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.

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12 – Modification or Suspension of Examination . Can fill out and swear to a form that the prepaid rental listing service will give you for this purpose.

San Bernardino California Sample Letter for Hearing on Motion for Relief from Automatic Stay

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