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.
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. 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.
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 your important decisions, please contact our office directly for a free phone or in person consultation.
Robert M. Gardner, Jr.
Hicks, Massey & Gardner, LLP
53 W. Candler St. Or 718 Oak St.
Winder, Ga. 30680 Gainesville, Georgia
(770) 307-4899 (770) 538-0555
serving metro Atlanta and all of Northeast Georgia
Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
Do you mean your husband filed BK, but you did not? Speak with his BK attorney. Good luck.
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