I got a motion of relief stay, What does all of this mean . Can I stop this action against me?

Asked almost 2 years ago - Townsend, GA

My husband filed chapter and Now he is disabled and I lost my job what do i need to do ?

Attorney answers (5)

  1. Scott Benjamin Riddle

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . The motion tells you what it is about, but you did not tell us. It might mean a creditor wants to foreclose, repossess something, or take other action. The answer is in the motion. You need to discuss with your lawyer right away.

  2. Robert M. Gardner Jr.

    Pro

    Contributor Level 18

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    Lawyers agree

    Answered . A motion for relief from the automatic stay is filed by a creditor seeking to be released from the bankruptcy case for the purpose of protecting, foreclosing, or repossessing collateral. This usually means that you have stopped making payments on the secured debt as a result of your intention to surrender the collateral or inability to pay for it. If you intended to surrender the collateral, there is no reason to oppose the motion, and the creditor can either repossess the collateral or begin foreclosure proceedings, depending on the nature of the collateral, after the hearing date. If this is something you want to keep, you need to get with your attorney about what needs to be done to keep the stay in effect to protect the collateral, and discuss what your options are. If you do not have an attorney, you need to call one today and go in and see them.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  3. Carl H Starrett II

    Contributor Level 16

    5

    Lawyers agree

    Answered . In most cases, a motion for relief from the automatic stay means a lender wishes to continue foreclosure or repossession proceedings. If you aren't making the payments, there usually isn't much you can do. However, you should hire an attorney right away to discuss your options.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more
  4. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . I'm gathering he's in a bankruptcy and you're not but you have some debts or assets together. Since you don't tell us what's in the motion all I can tell you is to show it to a lawyer and discuss your options.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  5. Diane L Gruber

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Do you mean your husband filed BK, but you did not? Speak with his BK attorney. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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