What is the meaning of automatic stay?

Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

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California Order Setting Hearing On Motion For Relief From The...

California Order Setting Hearing On Motion For Relief From The Automatic Stay

Name: California Order Setting Hearing On Motion For Relief From The Automatic Stay
Brand: US Legal Forms
Price: 59.00 USD
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Category:

California Bankruptcy - Official - Northern District

State:

California

Control #:

CA-SKU-5556

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Order Setting Hearing On Motion For Relief From The Automatic Stay California Order Setting Hearing On Motion For Relief From The Automatic Stay is a court order issued by a bankruptcy judge in California. This order sets a hearing to consider a motion filed by a creditor to lift or “relieve” the protection of the Automatic Stay. The Automatic Stay is an injunction that protects a debtor from collection efforts and other actions taken by creditors while the bankruptcy case is pending. The creditor must file a motion with the court to ask for the Automatic Stay to be lifted, which must include a written notice to the debtor. The court will then set a hearing date to consider the motion. The types of California Order Setting Hearing On Motion For Relief From The Automatic Stay include: (1) Motion to Lift Stay to Collect on a Debt; (2) Motion to Lift Stay to Foreclose on Real Property; (3) Motion to Lift Stay to Repossess Personal Property; and (4) Motion to Lift Stay to Take Other Action.

California Order Setting Hearing On Motion For Relief From The Automatic Stay is a court order issued by a bankruptcy judge in California. This order sets a hearing to consider a motion filed by a creditor to lift or “relieve” the protection of the Automatic Stay. The Automatic Stay is an injunction that protects a debtor from collection efforts and other actions taken by creditors while the bankruptcy case is pending. The creditor must file a motion with the court to ask for the Automatic Stay to be lifted, which must include a written notice to the debtor. The court will then set a hearing date to consider the motion. The types of California Order Setting Hearing On Motion For Relief From The Automatic Stay include: (1) Motion to Lift Stay to Collect on a Debt; (2) Motion to Lift Stay to Foreclose on Real Property; (3) Motion to Lift Stay to Repossess Personal Property; and (4) Motion to Lift Stay to Take Other Action.

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Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

The Stay Has Been Lifted ? Now What? Once a creditor gets a court order lifting the automatic stay, they are allowed to move forward with foreclosure or repossession of the property that secures the debt. That said, the creditor still needs to follow state law for their collection or eviction proceedings.

An order for relief invokes the automatic stay and brings down an iron curtain, separating the pre-bankruptcy from the post-bankruptcy debtor, creating a bankruptcy estate and prohibiting unauthorized transfers of the debtor's property.

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.

The most common reason for a creditor to make a motion for relief from the automatic stay is that the debtor has filed Chapter 7 Bankruptcy or Chapter 13 Bankruptcy and does not want to use the bankruptcy to keep their house or car.

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A creditor will pick the appropriate mandatory form motion based upon what the creditor is asking the court for permission to do (i.e. Evidence presented at court hearings.An Order Denying Motion of First Nationwide Mortgage Corp. For Relief From Automatic Stay and Granting Adequate Protection was entered on October 16, 2002. A motion seeking relief from the automatic stay must have been filed. The motion or order must show the assent of the affected parties. Appearing at the hearing, the judge may allow the motion to vacate the judgment. Get debt relief now. We've helped 205 clients find attorneys today. Stay of circuit court order pending appeal.

California Order Setting Hearing On Motion For Relief From The Automatic Stay

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