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Texas Order Granting Relief From Automatic Stay After Hearing...

Texas Order Granting Relief From Automatic Stay After Hearing (Houston)

Name: Texas Order Granting Relief From Automatic Stay After Hearing (Houston)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.73 (392 reviews)

Category:

Texas Bankruptcy - Official - Southern District

State:

Texas

Control #:

TX-O-100

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Order Granting Relief From Automatic Stay After Hearing (Houston)

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How to fill out Texas Order Granting Relief From Automatic Stay After Hearing (Houston)?

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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. Bankruptcy Code Section 362 discusses the Automatic Stay.

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.

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.

First, once a person files a bankruptcy petition, the automatic stay immediately stops the bank from foreclosing on, or repossessing, the debtor's real or personal property. Examples include the debtor's home or her car. The automatic stay doesn't allow the debtor to avoid mortgage or car payments.

Individuals may use a chapter 13 proceeding to save their home from foreclosure. The automatic stay stops the foreclosure proceeding as soon as the individual files the chapter 13 petition. The individual may then bring the past-due payments current over a reasonable period of time.

Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements.

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.

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Order Granting Relief From Automatic Stay After Hearing (Houston) Form. This is a Texas form and can be use in Bankruptcy Court Federal.Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. 362(c)(3)(B), relief can be granted only "after notice and a hearing completed before the expiration of the 30-day period. The Court granted Aqil's motion to reopen. Aqil now moves for relief from the automatic stay, requesting that the Court. The automatic stay "deprives state courts of jurisdiction over the debtor and his property until the stay is lifted or modified. " Baytown State Bank v. The automatic stay only applies to prepetition events and does not bar suit against the debtor based on a cause of action arising postpetition.

Texas Order Granting Relief From Automatic Stay After Hearing (Houston)

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