After the filing of a bankruptcy petition, the debtor needs protection from the collection efforts of its creditors. Therefore, the bankruptcy law provides that the filing of either a voluntary or involuntary petition operates as an automatic stay which prevents creditors from taking action against the debtor. This is similar to an injunction against the creditors of the debtor. The automatic stay ends when the bankruptcy case is closed or dismissed or when the debtor is granted a discharge. Anyone who willfully violates the stay in the case of an individual debtor can be liable for actual damages caused by the violation and sometimes liable for punitive damages.
Massachusetts Motion to Extend Automatic Stay and Notice of Motion
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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.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt the execution of a lower court judgment or order pending the outcome of an appeal.
To potentially avoid this outcome and put the effects of the ruling on hold temporarily, you could seek a ?stay? of the trial court's order. Naturally, a ?stay pending appeal? puts a pause on the commencement of sentencing and penalties while the appeal is in process.
Outlined in section 341 of the United States bankruptcy code, this meeting requires debtors to answer questions about their debts and finances. While they don't always appear, creditors are notified of this meeting and can attend it to ask a person questions regarding their bankruptcy filing.
A "stay of execution" means that the court has postponed the eviction. When a tenant is evicted for reasons that were not the tenant's fault, a judge may grant a stay of execution for up to 6 months to give a tenant time to find a new place to live, or for other reasons.
Notice of Stay of Proceedings (CM-180) Tells the court and the other side that a cause is paused (stayed) because another court case, such as bankruptcy, requires the pause.
(a) Imprisonment If a sentence of imprisonment is imposed upon conviction of a crime, the entry of an appeal shall not stay the execution of the sentence unless the judge imposing it or, pursuant to Mass.