Motion Stay Sample With Extend Automatic
Description
How to fill out Motion For Stay Pending Appeal And Notice Of Motion?
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FAQ
Extending the Automatic Stay Prepare a motion explaining why your filing isn't in bad faith. Set the motion hearing date no more than 30 days after your bankruptcy filing date. Timely serve the creditors, the trustee, and the U.S. Trustee with your motion.
Creditors Obtaining Relief From the Automatic Stay -- If a creditor properly files and serves a Motion for Relief from the Automatic Stay, and a bankruptcy judge grants the Motion, the Automatic Stay will either be removed or modified so that the creditor can resume collection efforts against the debtor.
The automatic stay lasts as long as the bankruptcy proceeding continues, and it ceases if the case is dismissed. The length of the stay also depends on whether it applies to collection activity directed toward the debtor personally or toward their property.
Generally, the stay automatically terminates on the earliest of: The case being closed or dismissed. The time a discharge is granted or denied.
The automatic stay generally remains in place until the discharge is entered. Once that happens, you're no longer responsible for the unsecured debts incurred before your Chapter 7 was filed. The permanent protection from creditors provided by the discharge is much stronger than the automatic stay.