A Georgia Order Setting Hearing On Motion To Reopen Proceedings — Relief From Bankruptcy Stay is an order issued by a Georgia court which sets a hearing to determine whether a motion to reopen proceedings and obtain relief from a bankruptcy stay should be granted. This order usually originates when a party to the original bankruptcy proceeding files a motion to reopen the proceedings to obtain relief from the bankruptcy stay. The purpose of the hearing is to determine whether the motion should be granted based on the party’s arguments. The types of Georgia Order Setting Hearing On Motion To Reopen Proceedings — Relief From Bankruptcy Stay include a Motion to Reopen Proceedings — Relief from Automatic Stay, Motion to Reopen Proceedings — Relief from Co-Debtor Stay, and Motion to Reopen Proceedings — Relief from Adversary Proceeding Stay.
Georgia Order Setting Hearing On Motion To Reopen Proceedings - Relief From Bankruptcy Stay
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FAQ
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.
A motion to lift stay is a suit filed by a creditor in a bankruptcy case against a debtor. The lawsuit aims at helping a creditor to repossess the collateral. If well-executed, it enables a creditor to get back a car, or any collateral surrendered in a bankruptcy case.
You can reopen a bankruptcy case by filing an ex parte motion that describes why you want to reopen the case. An ex parte motion is a motion that the judge will review right away without notice to any other parties. You must submit a proposed order with the motion.
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.
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.
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.
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.
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.