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

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.

Schaumburg, IL -

Attorney Answers (4)

Karen Jackson Porter

Karen Jackson Porter

Bankruptcy Attorney - Chicago, IL
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.

Dorothy G Bunce

Dorothy G Bunce

Bankruptcy Attorney - Las Vegas, NV
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!

Scott Benjamin Riddle

Scott Benjamin Riddle

Bankruptcy Attorney - Atlanta, GA
Answered

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

Marc Gregory Wagman

Marc Gregory Wagman

Bankruptcy Attorney - Chicago, IL
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

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.