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West Virginia Motion to Continue The Automatic Stay

West Virginia Motion to Continue The Automatic Stay

Name: West Virginia Motion to Continue The Automatic Stay
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.59 (261 reviews)

Category:

West Virginia Bankruptcy - Southern District

State:

West Virginia

Control #:

WV-SKU-0012

Format:

Instant download

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Description

Motion to Continue The Automatic Stay 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.

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.

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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.

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.

- 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.

§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.

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.

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Upon filing a petition, an automatic stay is imposed. Prepare a motion explaining why your filing isn't in bad faith.Set the motion hearing date no more than 30 days after your bankruptcy filing date. No automatic extensions, continuances, or stays. Courts consider many factors in deciding whether cause exists to lift the automatic stay so that a creditor can pursue pending litigation in another forum. Courts consider many factors in deciding whether cause exists to lift the automatic stay so that a creditor can pursue pending litigation in another forum. Continue reading to learn about the bankruptcy automatic stay statute. Cashco filed a notice of removal removing the state court action to bankruptcy court. Kitts filed a motion for remand and abstention. Get full access to this document with Practical Law.

West Virginia Motion to Continue The Automatic Stay

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