February 20, 2020
Whether you are a creditor or a debtor in a bankruptcy case filed in Central District of California, Eastern District of California, Southern District of California, or Northern District of California, one important motion that is important to know about is a Motion for Relief from the Automatic Stay
What is a Motion for Relief from the Automatic Stay
A Motion for Relief from the Automatic Stay is a motion filed by a creditor in a bankruptcy whereby the creditor is asking the bankruptcy Court to give that creditor authorization to proceed with some action against a security of a creditor. For example, if a debtor does not make his/her mortgage payments, the creditor will file a Motion for Relief from the Automatic Stay before the creditor can proceed with foreclosure of the home. The Creditor cannot take any actions to recover the collateral absent the authorization of the Court. The same is true with cars. Additionally, landlords who are in the middle of eviction may be faced with a tenant who filed a bankruptcy. Those landlords will need to file a Motion for Relief from the Automatic Stay before the eviction can resume.
I am a Debtor in Bankruptcy, What Should I Do if a Creditor Files a Motion for Relief from the Automatic Stay
Each case varies and we strongly recommend that you consult with a qualified bankruptcy attorney to determine what your options are. Generally, it is more difficult to fight a Motion for Relief from the Automatic Stay in Chapter 7 cases, but more manageable in Chapter 13 cases. What is important, however, is that the Debtor consult with an attorney before the hearing on the Motion, or before the opportunity to respond has passed. In other words, contact an attorney immediately after receiving copies of a Motion for Relief from the Automatic Stay.
I am a Creditor and Need to File a Motion for Relief from the Automatic Stay. What Should I Do?
Contact our qualified attorneys at Katz Law now! While you may be able to complete a Motion for Relief from Stay by using some forms online, there are many intricacies and loops that you have to get through before one of these Motions is granted. For that reason, it is important that you hire a qualified bankruptcy attorney that will assist with the process.
Consult With A Qualified Los Angeles Attorney Now!
If you are thinking about filing a bankruptcy and you own a home, contact our qualified attorneys at Katz Law now! We are California attorneys located in Los Angeles who have filed hundreds of Motions for Relief from the Automatic Stay.