Bankruptcy Motion Samples For Relief
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FAQ
If you surrendered property in your bankruptcy, such as a house or a car, the creditor will file a Motion for Relief from Stay in order to get permission to proceed with foreclosure or to repossess the property.
Generally, a pre-petition waiver of a right created by the Bankruptcy Code is unenforceable. 1 However, under certain circumstances a waiver of the automatic stay may be enforceable, so creditor and debtor practitioners should be cognizant of those circumstances when negotiating stay waivers.
Definition: A motion to lift the stay is a request made by a party to the bankruptcy court to change the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property.
If the debtor is unable or unwilling to provide adequate protection to a secured creditor, there is sufficient cause for the court to order relief from the stay (§ 362(d)(1), Bankruptcy Code). The creditor can then foreclose on the collateral and realize an amount sufficient to recover the balance due on the debt.
Two main methods exist for fighting a motion for relief from automatic stay. These types are ?procedural? and ?substantive? objections. Basically, procedural objections challenge the manner in which the motion was filed, while substantive objections challenge the actual substance of the motion.
