Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
The Motion to Life the Automatic Stay is quite common by banks who were on the verge of foreclosing on the property. The Court will only lift the stay if the creditor shows cause for granting relief from the stay.
You need to convince the bankruptcy court that the stay is necessary to protect the bankruptcy estate, which in turn protects the creditors who benefit from it, or show that the stay protects your exempt property. You also need to convince the court that the creditors property will be protected with the stay and that the creditor will not lose out by waiting. All that said its very hard to do.
In essence,to stop the stay from being lifted you must convince the Court that there is no harm in waiting; however, if you are surrendering the house anyway, you are just putting off the inevitable ad the stay is almost always lifted if it is requested.
If you are trying to keep the home, then you put that in your response and say that you need the time to come up with the money to bring your payments current and reaffirm, most people in bankruptcy cannot do this, but it is a valid reason for not lifting the stay, and in that case if you can show that you need the time and it is feasible, the stay would not be lifted.
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