Mississippi Waiver and Consent to Motion to Sell Property
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How to fill out Mississippi Waiver And Consent To Motion To Sell Property?
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FAQ
A Motion for Relief from the automatic stay is basically a request from a creditor to the Bankruptcy Court for permission to take back collateral. Motions for Relief are set down for hearings before the Bankruptcy Court.If a creditor has good cause for filing the motion, it will be granted.
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. As soon as any type of bankruptcy is filed, an injunction called the automatic stay comes into place.
When you file a Chapter 13 bankruptcy an automatic stay goes into effect immediately upon the filing of your case.When these payments are not made, a secured creditor can file a Motion for Relief seeking relief from the Automatic Stay so they can take action against the collateral (i.e. your house or car).
However, under certain circumstances, creditors can ask the court to allow them to go ahead with collections in spite of the bankruptcy filing. This is called a Motion for Relief from Automatic Stay, and a successful one often negates the whole purpose of filing for Chapter 7 bankruptcy in the first place.
Motions to sell are often filed by debtors and trustees. These motions seek permission to sell property of the estate. Motions to lease property are filed generally by trustees or debtors in Chapter 11 cases and request approval of a lease under Federal Rule of Bankruptcy Procedure 6004.
A trustee files the motion requesting turnover when a debtor, a custodian, or any other entity in possession of property of the estate fails to turn over that property as required by the Bankruptcy Code.In some instances, a party may file a motion for order to show cause to address issues related to turnover.
The turnover statute is a procedural device. that empowers a trial court to assist a judgment creditor in reaching a judgment debtor's property that under traditional remedies was beyond a creditor's reach. See TEX. CIV. PRAC.
The stay generally remains in place until the bankruptcy case is heard before a bankruptcy judge or trustee. Debtors are typically required to reaffirm mortgage debt to the bankruptcy court.
