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Indiana Relief from Co-Debtor Stay...

Indiana Relief from Co-Debtor Stay, Motion and Notice (Combined)

Name: Indiana Relief from Co-Debtor Stay, Motion and Notice (Combined)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.56 (301 reviews)

Category:

Indiana Bankruptcy - Official - Southern District

State:

Indiana

Control #:

IN-SB-C114001-1

Format:

Instant download

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Description

Relief from Co-Debtor Stay, Motion and Notice (Combined) Indiana Relief from Co-Debtor Stay, Motion and Notice (Combined) is a legal document used in Indiana that is used to protect a debtor from a co-debtor’s creditors. This document serves as a request to the court to terminate the co-debtor stay and allow the creditor to pursue collection on the debt that the debtor owes. The motion and notice must be served to the co-debtor and the creditor. The document combines three elements: 1) Motion: This is a request to the court to terminate the co-debtor stay. It states the reasons why the stay should be terminated. 2) Notice: This is a notification to the co-debtor and the creditor that the debtor is asking the court to terminate the stay. 3) Order: This is the court’s order, which states that the stay is terminated and allows the creditor to proceed with collection. Once the motion is filed, a hearing may be held to determine whether the court should grant the relief from the co-debtor stay. If the court grants the motion, the creditor can proceed with collection.

Indiana Relief from Co-Debtor Stay, Motion and Notice (Combined) is a legal document used in Indiana that is used to protect a debtor from a co-debtor’s creditors. This document serves as a request to the court to terminate the co-debtor stay and allow the creditor to pursue collection on the debt that the debtor owes. The motion and notice must be served to the co-debtor and the creditor. The document combines three elements: 1) Motion: This is a request to the court to terminate the co-debtor stay. It states the reasons why the stay should be terminated. 2) Notice: This is a notification to the co-debtor and the creditor that the debtor is asking the court to terminate the stay. 3) Order: This is the court’s order, which states that the stay is terminated and allows the creditor to proceed with collection. Once the motion is filed, a hearing may be held to determine whether the court should grant the relief from the co-debtor stay. If the court grants the motion, the creditor can proceed with collection.

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FAQ

The automatic stay remains in effect until the case is closed or dismissed or, in an individual case, until the granting or denial of the debtor's discharge, whichever happens first. Creditors may file a Motion for Relief from the Automatic Stay requesting the stay be lifted to allow them to pursue their legal rights.

What are the exceptions to the automatic stay under 11 U.S.C § 362? Establishing paternity; Establishing or modifying domestic support obligations, including child support and alimony; Child custody or visitation matters; Divorce proceedings; Domestic violence matters.

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.

When a creditor's efforts to foreclose a mortgage have been stopped by several prior bankruptcy filings by the debtor or the debtor's spouse, the creditor may seek additional relief in a motion for stay relief typically referred to as in ?rem relief?.

A ?comfort order? is a bankruptcy term of art for an order confirming an undisputed legal result, and often is entered to confirm that the automatic stay has terminated. reaffirmation agreement, but no signed agreement was ever filed.

In Rem Relief from Stay affects the mortgaged property (In Rem from Latin means ?against a thing?). It prospectively eliminates the automatic stay from entering as to claims against the mortgaged property in future bankruptcy cases for two years, regardless of who files the bankruptcy case.

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This is referred to as the "co debtor stay. Relief from Co-Debtor Stay may not be combined with a Motion for Relief from Stay or Abandonment and Relief from Stay.The automatic stay acts as a bankruptcy restraining order against creditors and prohibits almost all creditor actions to collect on a debt. Brettell should be granted relief from the automatic stay under § 362 of the Bankruptcy Code and continued the matter for further hearing. A motion for relief from the automatic stay is a creditor's way of asking the court for permission to eg. Foreclose on a house or repossess a car. The automatic stay only applies to prepetition events and does not bar suit against the debtor based on a cause of action arising postpetition. Once a small claims judgment is entered, the clerk mails the debtor a form called a "Judgment. If the judgment creditor does not file a Notice of Satisfaction, you can ask the court to issue an order. 4 11 USC 362(d) lays out the procedure under which a creditor can seek "relief from the automatic stay" and the basic grounds for such motions.

Indiana Relief from Co-Debtor Stay, Motion and Notice (Combined)

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