A Trustee's motion to prevent termination of automatic stay — passive notice is a motion filed by a bankruptcy trustee to stop a creditor from taking an action that would terminate the automatic stay. This motion is usually filed when the creditor has not followed the proper procedure to terminate the automatic stay, such as not having served the required notice. The motion will ask the court to order the creditor to follow the proper procedure in order for the automatic stay to be lifted. There are two common types of Trustee's motion to prevent termination of automatic stay — passive notice: 1) Motion to Show Cause, and 2) Motion for Contempt. A Motion to Show Cause requires the creditor to explain why they should not be held in contempt for their attempt to terminate the automatic stay without providing proper notice. A Motion for Contempt is a request to the court to hold the creditor in contempt for their attempt to terminate the automatic stay without providing proper notice.
Trustee Motion
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How to fill out Trustee's Motion To Prevent Termination Of Automatic Stay - Passive Notice?
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