What is the procedure for a creditor to file a motion to lift the automatic stay?
June 29, 2022
By Diane Drain Attorney & Retired Law Professor
An order granting a Motion for Relief from the Automatic Stay, often known as a “stay order,” is obtained by filing a Motion, Notice, and Certificate of Mailing with the court, as well as notifying the appropriate parties. The Debtor is given the opportunity to respond. A hearing will be conducted if a response is filed. An Order, Certificate of No Objection, must be submitted with the Court if no response is filed. The Order will most likely be signed by the Court. The creditor is free to proceed with the action requested in the Motion and granted in the Order once the signed order is received.
By Diane Drain|Published On: June 29th, 2022|Last Updated: July 28th, 2022|
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