A New Jersey Motion for Relief from the Automatic Stay (Landlord) is a motion filed by a landlord in a bankruptcy case to lift the automatic stay, allowing them to proceed with their eviction proceedings against a tenant. This motion is often filed when a tenant has filed for bankruptcy protection and the landlord is seeking to move forward with the eviction process. There are two types of New Jersey Motion for Relief from the Automatic Stay (Landlord): (1) Motion for Relief from Stay to Recover Possession of the Premises and (2) Motion for Relief from Stay to Recover Rent Arrears. The Motion for Relief from Stay to Recover Possession of the Premises is used when a tenant has filed for bankruptcy and the landlord is seeking to regain possession of the premises. The Motion for Relief from Stay to Recover Rent Arrears is used when a tenant has failed to pay their rent and the landlord is seeking to recover the unpaid rent.
New Jersey Motion for Relief from the Automatic Stay (Landlord)
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FAQ
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.
An order for relief invokes the automatic stay and brings down an iron curtain, separating the pre-bankruptcy from the post-bankruptcy debtor, creating a bankruptcy estate and prohibiting unauthorized transfers of the debtor's property.
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.
Creditors Obtaining Relief From the Automatic Stay -- If a creditor properly files and serves a Motion for Relief from the Automatic Stay, and a bankruptcy judge grants the Motion, the Automatic Stay will either be removed or modified so that the creditor can resume collection efforts against the debtor.
The most common reason for a creditor to make a motion for relief from the automatic stay is that the debtor has filed Chapter 7 Bankruptcy or Chapter 13 Bankruptcy and does not want to use the bankruptcy to keep their house or car.
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.
What are the exceptions to the automatic stay under 11 U.S.C § 362? Establishing paternity; Establishing or modifying domestic support obligations, including child support and alimony; Child custody or visitation matters; Divorce proceedings; Domestic violence matters.
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.