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Request for Automatic Stay

Schaumburg, IL |

When do you file with the US Bankruptcy a request for Relief from Automatic Stay and Objection before the creditor's meeting or after?

Attorney Answers 5

Posted

You could file the motion for relief from the stay either before or after the 341a. If it is a chapter 13 case different courts have different deadlines to object to the plan so you should talk to an attorney as soon as possible. If you are trying to have your debt excepted from discharge you have 60 days after the meeting of creditors to file an adversary proceeding. You should definitely talk to an attorney as soon as possible to discuss your options.

The answer above is for general information purposes only. You should talk to an attorney to determine your specific legal rights.

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Posted

Mr. Troutman is correct. I would add that filing a motion for relief from the automatic stay is not sufficient to preserve a claim that a particular debt should be excepted from a discharge.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

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Posted

A creditor can file a motion for relief from stay at any time. There must be sufficient grounds and, if necessary, proof for the court to grant relief from the stay. The best way for a creditor to advance and protect its rights is to hire experienced bankruptcy counsel.

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Posted

It doesn't matter when the Motion is filed, but the sooner the Motion is filed, the sooner it will be scheduled for a hearing before the Court. Hope this perspective helps!

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Posted

Doesn't matter. But it's not a "request", it's a motion, and it carries a filing fee. Moreover, the local rules of your bankruptcy court may have specific requirements about the content of the motion and the need for supporting exhibits. I strongly recommend consulting a good bankruptcy attorney if this matter is at all important to you.

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1 comment

Diane L Gruber

Diane L Gruber

Posted

I strongly suggest that you meet with a BK attorney before you waste the court's fee and your time/effort in preparing a complex Motion. BK court rules are dragonian.

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