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The automatic stay is an order that goes into place when you file for bankruptcy and stops most collection efforts. But the stay isn't absolute, and a creditor can ask the bankruptcy court to lift the automatic stay and allow collection efforts to resume. If successful, the creditor can continue pursuing its debt.
A motion to lift stay is a suit filed by a creditor in a bankruptcy case against a debtor. The lawsuit aims at helping a creditor to repossess the collateral. If well-executed, it enables a creditor to get back a car, or any collateral surrendered in a bankruptcy case.
Generally, the stay automatically terminates on the earliest of: The case being closed or dismissed. The time a discharge is granted or denied.
Two main methods exist for fighting a motion for relief from automatic stay. These types are ?procedural? and ?substantive? objections. Basically, procedural objections challenge the manner in which the motion was filed, while substantive objections challenge the actual substance of the motion.
Definition: A motion to lift the stay is a request made by a party to the bankruptcy court to change the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property.