A Louisiana Order for Relief from Stay (Ch 13 Not Vehicle) is an order issued by a court in Louisiana that lifts or modifies a stay in a Chapter 13 bankruptcy action. This order allows creditors to pursue any collection actions that were put on hold due to the bankruptcy filing. This order does not apply to vehicles, since the state of Louisiana has a separate set of laws governing the relief of stay of vehicles in Chapter 13 bankruptcy. There are two types of Louisiana Order for Relief from Stay (Ch 13 Not Vehicle). The first type is a motion for relief from stay, which must be filed with the court in order to lift or modify the stay in the bankruptcy. The second type is an order granting relief from stay, which is issued by the court after the motion is approved.
Louisiana Order for Relief from Stay (Ch 13 Not Vehicle)
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FAQ
The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions.
The most commonly sought exceptions are actions by parties to securities contracts to close out open positions; eviction of a debtor by a landlord where the lease has been fully terminated prior to the bankruptcy filing; actions by taxing authorities to conduct tax audits, issue deficiency notices, demand tax returns
First, once a person files a bankruptcy petition, the automatic stay immediately stops the bank from foreclosing on, or repossessing, the debtor's real or personal property. Examples include the debtor's home or her car. The automatic stay doesn't allow the debtor to avoid mortgage or car payments.
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.
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.
An automatic stay stops creditors from trying to collect debts from a debtor who has filed for bankruptcy until court proceedings are completed. Creditors, collection agencies, and others who violate the automatic stay can be sued by the debtor.
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.