Skip to main content

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

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

Posted

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!

Mark as helpful

1 found this helpful

4 lawyers agree

1 comment

Asker

Posted

Thank you. This was the shortest and best answer I was looking for.

Posted

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

Mark as helpful

3 lawyers agree

2 comments

Asker

Posted

Lift the stay for a car.

Diane L Gruber

Diane L Gruber

Posted

So you can repossess the car?

Posted

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.

Mark as helpful

5 lawyers agree

2 comments

Asker

Posted

Should I wait until the Chapter 13 plan is confirmed?

Karen Jackson Porter

Karen Jackson Porter

Posted

This site is designed to answer general questions and is not appropriate to provide the detailed analysis that you need of your rights as to this chapter 13 case. You need to consult with an attorney that can review the facts and circumstances of your claim and advise you what action needs to be taken to protect your rights.

Posted

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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

Mark as helpful

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics