A Louisiana Order for Relief from Stay (Ch 7 Not Vehicle) is a court document that allows a creditor to take action against a debtor who is in Chapter 7 Bankruptcy in the state of Louisiana. The Order allows the creditor to seek collection or repossession of property that was once held as collateral for a loan. Furthermore, the Order allows the creditor to sue the debtor for any unpaid debts. There are two types of Louisiana Order for Relief from Stay (Ch 7 Not Vehicle): 1) Non-Vehicle and 2) Vehicle. The Non-Vehicle Order pertains to any property that is not a vehicle, such as furniture, jewelry, and electronics. The Vehicle Order applies to any property that is a vehicle, such as a car, truck, or motorcycle.
Louisiana Order for Relief from Stay (Ch 7 Not Vehicle)
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State:
Louisiana
Control #:
LA-SKU-0051
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PDF
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Order for Relief from Stay (Ch 7 Not Vehicle)
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FAQ
The automatic stay is an order that goes into place when you file for bankruptcy and stops most collection efforts. But the stay isn't absolute, and a creditor can ask the bankruptcy court to lift the automatic stay and allow collection efforts to resume. If successful, the creditor can continue pursuing its debt.
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.
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 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.
The right of a secured creditor to receive protection against the decrease in value of its interest in the debtor's property during bankruptcy proceedings (§ 361, Bankruptcy Code).