What is the Automatic Stay and what is a Motion for Relief from the Automatic Stay?
When you file your bankruptcy, an automatic “stay” or injunction occurs which stops all repossessions, foreclosures, lawsuits, and wage garnishments. If a creditor files a Motion for Relief from the Automatic Stay, he is asking for the permission of the Bankruptcy Court to repossess your property or to begin foreclosure proceedings. A creditor is not allowed to repossess or foreclose on your property after you file your bankruptcy without an express written court order. A Motion for Relief from the Automatic Stay is the judicial process a creditor must use to gain permission of the Bankruptcy Court to regain the property in question.
Related Questions
- I received a Motion for Relief from the Automatic Stay on a piece of property that I have decided to surrender or return to the creditor. What should I do?
- How many payments do I have to be delinquent before the mortgage company will file A Motion for Relief from the Automatic Stay?
- What is motion for relief from automatic stay?
