What is relief from automatic stay for cause?

A court may grant relief from an automatic stay "for cause, including the lack of adequate protection of an interest in property."1 That refers to circumstances in which the value of a property or secured collateral may decrease while the bankruptcy case is being resolved.

US Legal Forms
North Carolina Motion to Extend Automatic Stay

North Carolina Motion to Extend Automatic Stay

Name: North Carolina Motion to Extend Automatic Stay
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.77 (400 reviews)

Category:

North Carolina Bankruptcy - Official - Eastern District

State:

North Carolina

Control #:

NC-SKU-0053

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

Motion to Extend Automatic Stay The North Carolina Motion to Extend Automatic Stay is a legal motion that is used to extend the period of time that creditors have to collect debt from a debtor. This motion allows a debtor to obtain additional time to restructure their debts and explore other options. The Automatic Stay is an injunction that is put in place by the court when a bankruptcy petition is filed, which stops creditors from taking action against the debtor. There are two types of North Carolina Motion to Extend Automatic Stay: 1) a Motion for Extension of Automatic Stay for Chapter 13 Bankruptcy; and 2) a Motion for Extension of Automatic Stay for Chapter 7 Bankruptcy. The Motion for Extension of Automatic Stay for Chapter 13 Bankruptcy is used when a debtor wishes to extend the Automatic Stay beyond the initial period of time granted by the court in order to complete their Chapter 13 repayment plan. The Motion for Extension of Automatic Stay for Chapter 7 Bankruptcy is used when a debtor wishes to extend the Automatic Stay beyond the initial period of time granted by the court in order to allow them additional time to explore alternatives to bankruptcy. The North Carolina Motion to Extend Automatic Stay is an important tool that a debtor can use in order to obtain additional protection from creditors and explore other options for resolving their debt.

The North Carolina Motion to Extend Automatic Stay is a legal motion that is used to extend the period of time that creditors have to collect debt from a debtor. This motion allows a debtor to obtain additional time to restructure their debts and explore other options. The Automatic Stay is an injunction that is put in place by the court when a bankruptcy petition is filed, which stops creditors from taking action against the debtor. There are two types of North Carolina Motion to Extend Automatic Stay: 1) a Motion for Extension of Automatic Stay for Chapter 13 Bankruptcy; and 2) a Motion for Extension of Automatic Stay for Chapter 7 Bankruptcy. The Motion for Extension of Automatic Stay for Chapter 13 Bankruptcy is used when a debtor wishes to extend the Automatic Stay beyond the initial period of time granted by the court in order to complete their Chapter 13 repayment plan. The Motion for Extension of Automatic Stay for Chapter 7 Bankruptcy is used when a debtor wishes to extend the Automatic Stay beyond the initial period of time granted by the court in order to allow them additional time to explore alternatives to bankruptcy. The North Carolina Motion to Extend Automatic Stay is an important tool that a debtor can use in order to obtain additional protection from creditors and explore other options for resolving their debt.

View Register's Statement

View this form

View Bond of Fiduciary

View this form

View Order of Formal Proceedings

View this form

View Bond of Fiduciary

View this form

View Acceptance of Appointment

View this form

How to fill out North Carolina Motion To Extend Automatic Stay?

If you’re looking for a way to properly prepare the North Carolina Motion to Extend Automatic Stay without hiring a legal professional, then you’re just in the right spot. US Legal Forms has proven itself as the most extensive and reliable library of official templates for every individual and business situation. Every piece of paperwork you find on our web service is drafted in accordance with nationwide and state laws, so you can be sure that your documents are in order.

Follow these simple guidelines on how to acquire the ready-to-use North Carolina Motion to Extend Automatic Stay:

Ensure the document you see on the page corresponds with your legal situation and state laws by examining its text description or looking through the Preview mode.
Enter the document title in the Search tab on the top of the page and choose your state from the dropdown to locate an alternative template in case of any inconsistencies.
Repeat with the content check and click Buy now when you are confident with the paperwork compliance with all the requirements.
Log in to your account and click Download. Create an account with the service and opt for the subscription plan if you still don’t have one.
Use your credit card or the PayPal option to pay for your US Legal Forms subscription. The document will be available to download right after.
Decide in what format you want to save your North Carolina Motion to Extend Automatic Stay and download it by clicking the appropriate button.
Add your template to an online editor to complete and sign it quickly or print it out to prepare your paper copy manually.

Another great thing about US Legal Forms is that you never lose the paperwork you acquired - you can find any of your downloaded templates in the My Forms tab of your profile any time you need it.

Form Rating

4.77

Satisfied(400)

Form popularity

FAQ

A court may grant relief from an automatic stay "for cause, including the lack of adequate protection of an interest in property."1 That refers to circumstances in which the value of a property or secured collateral may decrease while the bankruptcy case is being resolved.

This Standard Clause for use in a forbearance or restructuring agreement provides for a defaulting borrower to waive its right to assert the automatic stay against a lender if it later files for bankruptcy. This Standard Clause has integrated notes with important explanations and drafting tips.

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.

Civil cases involving family or domestic issues - Most family court proceedings cannot be halted by the automatic stay, including child custody and paternity cases, as well as divorce cases addressing issues other than the division of marital property.

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.

Because of the duration of the court case, a Chapter 7 automatic stay often lasts for three to four months. In contrast, the automatic stay remains effective on Chapter 13 bankruptcy cases throughout the duration of the debtor's repayment plan, assuming they comply with the terms.

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

More info

Upon filing a petition, an automatic stay is imposed. When evaluating your request to grant or extend the stay, the court will presume initially that your filing is in bad faith.A motion to extend the stay must be filed and completed within 30 days of the petition date. The hearing on the motion to extend the stay must be completed before the 30th day after the petition is filed. The automatic stay only applies to prepetition events and does not bar suit against the debtor based on a cause of action arising postpetition. The Motion to Extend Stay asserts that one year prior to the Current Case, the Debtor filed one prior bankruptcy case, referencing the Second Case. Remains is dispositive motions and, if necessary, trial. ARGUMENT. A. The United States' Equity Skimming Claim Is Not Subject To The Automatic Stay. Foreclose on a house or repossess a car. No automatic extensions, continuances, or stays.

North Carolina Motion to Extend Automatic Stay

Description

Related forms

How to fill out North Carolina Motion To Extend Automatic Stay?

Show more info

Form Rating

Form popularity

FAQ

What is relief from automatic stay for cause?

Can a debtor waive the automatic stay?

What does Motion to extend automatic stay mean?

What are the exceptions to the automatic stay in Chapter 13?

What is the automatic stay rule?

How long does automatic stay last in Chapter 13?

How long does an automatic stay last in Chapter 13?

What are two exceptions to automatic stay?

More info

Trusted and secure by over 3 million people of the world’s leading companies