Virginia Respondent's Certification Required With Respect To Motion For Relief From Stay is a form that must be completed by a respondent in Virginia when filing a motion for relief from stay. The form includes a certification that the respondent has read, understands, and is in compliance with Virginia's Motion for Relief from Stay rules. It also requires the respondent to provide a sworn statement that they have no knowledge of any material facts that would change the court's decision on the motion. Additionally, the respondent must agree to pay the costs of the motion, including court fees, if the motion is granted. There are two types of Virginia Respondent's Certification Required With Respect To Motion For Relief From Stay: 1) Motion for Relief from Stay in Foreclosure Actions; and 2) Motion for Relief from Stay in Actions Not Involving Foreclosure.
Virginia Respondent's Certification Required With Respect To Motion For Relief From Stay
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How to fill out Virginia Respondent's Certification Required With Respect To Motion For Relief From Stay?
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FAQ
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.
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.
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.
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.
A hearing shall be held by the court, as provided herein, and the court shall rule on any such motions not later than forty-five days after the date of judgment, not including the date of entry of such judgment.
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.