California Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
In most Chapter 13 Plans, the Debtor is required to make payments to their secured creditors outside the Plan. When these payments are not made, a secured creditor can file a Motion for Relief seeking relief from the Automatic Stay so they can take action against the collateral (i.e. your house or car).
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
Secured creditors like banks are going to get paid first. This is because their credit is secured by assets?typically ones that your business controls. Your plan and the courts may consider how integral the assets are that secure your loans to determine which secured creditors get paid first though.
The automatic stay protects the interests of both debtors and creditors. The primary purpose is to assist the debtor. From the debtor's perspective, it provides a breathing spell from the pressure and demands of creditors.
Chapter 13 cases can be filed for no money down because the attorney fees and court costs can be rolled into a 3-5 year repayment plan. While you're at it, you can also wipe away all of your other unsecured debt (credit cards, medical bills, payday loans, old collections, etc.).
In some situations, a creditor might file a motion to lift the automatic stay. This would allow them to resume collection actions. One situation would be if you were behind on your payments for a secured loan, such as a mortgage or car payment, and the loan amount was greater than the value of the home or car.
A secured creditor may obtain relief from the automatic stay for acts against property if both the: Debtor does not have equity in the property. Property is not necessary to an effective reorganization.
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.
