Montana Order for Relief in an Involuntary Case - B 253

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This form is an order for relief in an involuntary bankruptcy case. The form must be signed by the presiding bankruptcy judge.

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FAQ

An order for relief will be entered if the debtor does not contest the involuntary petition or, if the debtor contests the involuntary petition, an order for relief will be entered if (1) the court determines that the debtor is not paying its undisputed debts as they come due, or (2) a custodian (other than a trustee, ...

The determination that a person or entity is a debtor under the Bankruptcy Code. In a voluntary bankruptcy case, the filing of the bankruptcy petition constitutes an order for relief (§ 301(b), Bankruptcy Code).

An order for relief on an involuntary petition will be entered only after (i) the filing of a consent to its entry by the putative debtor, (ii) the filing of a certification of counsel that the petition has been served in ance with the Rules and that no answer has been filed by the putative debtor within the time ...

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.

"Order for relief" is to a court order determining that a debtor is subject to the control of the bankruptcy court. It means a debtor obtain a discharge from all debts that arose before the date of the order for relief. It is obtained through a properly filed voluntary petition.

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Montana Order for Relief in an Involuntary Case - B 253