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New Hampshire Order on Motion for Relief from the Automatic Stay

New Hampshire Order on Motion for Relief from the Automatic Stay

Name: New Hampshire Order on Motion for Relief from the Automatic Stay
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Price: 59.00 USD
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Category:

New Hampshire Court Samples - Personal Injury - Appeals - Sample Case 1

State:

New Hampshire

Control #:

NH-BH-182-03

Format:

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A03 Order on Motion for Relief from the Automatic Stay

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FAQ

When you file a Chapter 13 bankruptcy an automatic stay goes into effect immediately upon the filing of your case.When these payments are not made, a secured creditor can file a Motion for Relief seeking relief from the Automatic Stay so they can take action against the collateral (i.e. your house or car).

The stay generally remains in place until the bankruptcy case is heard before a bankruptcy judge or trustee. Debtors are typically required to reaffirm mortgage debt to the bankruptcy court.

A Motion for Relief from the automatic stay is basically a request from a creditor to the Bankruptcy Court for permission to take back collateral. Motions for Relief are set down for hearings before the Bankruptcy Court.If a creditor has good cause for filing the motion, it will be granted.

A motion for relief from the automatic stay is a creditor's way of asking the court for permission to eg. foreclose on a house or repossess a car. As soon as any type of bankruptcy is filed, an injunction called the automatic stay comes into place.

Order for relief refers to an actual court order determining that a debtor is subject to the control of the bankruptcy court. The Bankruptcy Code enables a debtor to obtain a discharge from all debts that arose before the date of the order for relief. A voluntary petition constitutes an order for relief.

Once a Chapter 13 bankruptcy petition is filed, the automatic stay goes into effect with the order of relief being entered on the filing date. It's this automatic stay that prohibits the creditors from taking any further action outside the bankruptcy to collect monies that are owed to them from the debtor.

When relief from stay is granted, it does not remove the property from the bankruptcy estate or grant the creditor ownership of the property. It simply removes the stay and restores the parties to their state law rights. Creditors can then enforce those rights to the extent that the relief from stay order permits.

New Hampshire Order on Motion for Relief from the Automatic Stay

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