Response to motion for relief from the automatic stay

Asked over 4 years ago - Los Angeles, CA

I filed ch7 bk recently. I had a civil litigation pending. I included the plaintiff as one of my creditor. the attorney who represents the plaintiff filed a motion to lift from automatic stay so that he can pursue the lawsuit in the state court. what are my response should be. Your insights are very much appreciated

Attorney answers (1)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . If it is a motion for relief from the stay you need to file an opposition. If it is an adversary proceeding that they have filed, you need to file a motion to dismiss and/or an answer. Please do yourself a big favor and retain experienced bankruptcy counsel to advise you on the intricacies of bankruptcy law and procedure.

    You can beat this. But there are procedural/technical issues beyond a simple posting and response that need to be reviewed.

    I seriously wish you the best.

    This answer is provided for informational purposes only. True legal advice can only be provided in an office consultation by an attorney in your jurisdiction with experience in the area in which your concern lies.

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