A West Virginia Motion to Continue The Automatic Stay is a legal motion that is filed with a court to keep a creditor from collecting debt from a debtor while a bankruptcy case is pending. This motion prevents creditors from pursuing collection activities such as filing lawsuits, garnishing wages, and foreclosing on property. There are two types of West Virginia Motion to Continue The Automatic Stay: the Motion to Extend the Automatic Stay and the Motion to Reinstate the Automatic Stay. The Motion to Extend the Automatic Stay is used to ask the court to extend the protection of the Automatic Stay beyond the time it would normally expire. The Motion to Reinstate the Automatic Stay is used to ask the court to reinstate the Automatic Stay when it has been terminated due to a creditor’s motion.
West Virginia Motion to Continue The Automatic Stay
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On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
Rule 35 - Correction or reduction of sentence (a)Correction of sentence. - The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time period provided herein for the reduction of sentence.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
§51-2A-10. The family court must enter an order ruling on the motion within thirty days of the date of the filing of the motion.
- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
Demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings.
Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.