Can I now proceed with a motion to lift the stay or should I wait until the debtor's chapter 13 plan is confirmed?

Asked over 1 year ago - Schaumburg, IL

Can I now proceed with a motion to lift the stay or should I wait until the debtor's chapter 13 plan is confirmed at the 341 meeting?

Thank you.

Attorney answers (4)

  1. Karen Jackson Porter

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . Oh my, from the nature of your questions, you do need the assistance of counsel. You can move to lift the stay at any time, but you must have grounds to do so. The plan is not confirmed at the creditors meeting. If you received notice and the plan is confirmed and you do not take the proper steps to protect your interest, you are bound. I hope you find counsel to assist you.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . It isn't necessary to wait for confirmation to ask to lift the stay...assuming you have the basis to do so. Hope this perspective helps!

  3. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You leave us to guess what you are talking about. Lift the stay for what?

  4. Marc Gregory Wagman

    Contributor Level 17

    Answered . You need a basis for lifting the stay. You don't state why you think you should get the relief. More needs to be known about what is going on. Talk with an attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more

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