Indiana Hearing Notice, Motion to Extend/ Impose Stay is a legal document that is filed by an Indiana court, typically with an Indiana court of appeals, to extend or impose a stay on the proceedings of a certain case. The notice provides information about the hearing, the motion, and the parties involved. It also sets forth the date, time, and place of the hearing, as well as the legal reasons for the extension or stay. There are two types of Indiana Hearing Notice, Motion to Extend/ Impose Stay: 1) Motion to Extend/ Impose Stay of Proceedings; and 2) Motion to Extend/ Impose Stay of Sentence. The Motion to Extend/ Impose Stay of Proceedings is used when the court wants to extend an existing stay on the case, while the Motion to Extend/ Impose Stay of Sentence is used when the court wants to impose a new stay on the sentence already imposed in the case. Both types of motions must be made in writing, and must be served upon all parties involved in the case.
Indiana Hearing Notice, Motion to Extend/ Impose Stay
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How to fill out Indiana Hearing Notice, Motion To Extend/ Impose Stay?
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FAQ
The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions.
Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.
An automatic stay stops creditors from trying to collect debts from a debtor who has filed for bankruptcy until court proceedings are completed. Creditors, collection agencies, and others who violate the automatic stay can be sued by the debtor.
The stay requires creditors to cease actions against the debtor and the debtor's property as described in 11 U.S.C. § 362(a). The stay continues until either the case is dismissed or closed or, in an individual case, until the granting or denial of discharge.
First, once a person files a bankruptcy petition, the automatic stay immediately stops the bank from foreclosing on, or repossessing, the debtor's real or personal property. Examples include the debtor's home or her car. The automatic stay doesn't allow the debtor to avoid mortgage or car payments.
The most commonly sought exceptions are actions by parties to securities contracts to close out open positions; eviction of a debtor by a landlord where the lease has been fully terminated prior to the bankruptcy filing; actions by taxing authorities to conduct tax audits, issue deficiency notices, demand tax returns