This form is an order for relief in an involuntary bankruptcy case. The form must be signed by the presiding bankruptcy judge.
West Virginia Order for Relief in an Involuntary Case - B 253
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How to fill out Order For Relief In An Involuntary Case - B 253?
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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.
"Order for relief" is to a court order determining that a debtor is subject to the control of the bankruptcy court. It means a debtor obtain a discharge from all debts that arose before the date of the order for relief. It is obtained through a properly filed voluntary petition.
Debt relief order (DRO) This is a way of cancelling, or 'writing off' your debts. You will not have to deal with the people you owe money to, also called 'creditors'.
The most important thing the order for relief does for debtors is initiate the automatic stay. The automatic stay halts all actions by creditors to collect on debtors' debts or foreclose or repossess their assets. It's one of bankruptcy's biggest privileges to debtors.
The Motion for Relief is the creditor's way of asking the Court for permission to contact and collect from a debtor during the life of a bankruptcy. In order to do so, the Court must hold a hearing on the Motion for Relief and the Court must grant an Order for Relief to the creditor.
An Involuntary Petition may be commenced only under chapters 7 or 11 of Title 11, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed, business, or commercial corporation, that may be a debtor under the chapter under which such case is commenced.