Virginia Order Granting Relief From Stay [SO No. 10-2, Form B] is a document issued by the circuit court in Virginia that allows a creditor to proceed with collection activities on a debt that has been protected from collection by an automatic stay. This includes taking enforcement actions on security interests in the debtor’s property or obtaining a judgment on the debt. The Virginia Order Granting Relief From Stay [SO No. 10-2, Form B] outlines the requirements that must be met before the court will grant relief from the stay, including the creditor’s filing of a motion and a hearing before the court to determine whether relief from the stay should be granted. There are two types of Virginia Order Granting Relief From Stay [SO No. 10-2, Form B], which are a General Order and a Final Order. A General Order is issued when the court finds that the creditor has made a sufficient showing of irreparable harm to the creditor if the stay is not lifted. A Final Order is issued when the court has determined that the creditor has presented sufficient evidence to justify granting relief from the stay.
Virginia Order Granting Relief From Stay [SO No. 10-2, Form B]
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How to fill out Virginia Order Granting Relief From Stay [SO No. 10-2, Form B]?
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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.
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 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.
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 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.
Civil cases involving family or domestic issues - Most family court proceedings cannot be halted by the automatic stay, including child custody and paternity cases, as well as divorce cases addressing issues other than the division of marital property.
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.