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Automatic Stay in Bankruptcy

What is automatic stay?

In the bankruptcy law within the United States an automatic stay is considered an automatic ruling that stops proceedings by creditors, which are with certain exceptions in order to collect the debts from the nonpayer who has decided on bankruptcy. Under the Section 362 of the United States Bankruptcy Code, 11 U.S.C. 362, the automatic starts at the time when the bankruptcy has been filed. Protected creditors can request the bankruptcy court for assistance from the automatic stay when showing the reason.

What is motion to lift automatic stay?

What the motion to lift automatic stay is where the creditor can mail the individual a copy of the document that states Motion “to Lift” or “to Remove” or even “for Relief from” the Automatic Stay, or something along those lines. The section 362 that deals with the automatic stay will in many cases is included in the title or somewhere within the document. This motion to lift automatic stay means that the creditor will try to take the property that is listed in the document.

What makes up the violation of the automatic stay?

There are many actions that violate the automatic stay. The creditors are not allowed to try to find payment for the debts that is owed to them, and can no longer make calls or send the collections agencies to try and collect the money. Also, the creditors are not allowed to foreclose a home, take wages or recover a vehicle. The creditor may also not be allowed to control any possessions of the nonpayer, and the creditor must return all possessions that have not already been sold.

In the state of California is it considered violation of automatic stay for the trustee to have already listed a home on the foreclosure market without getting the automatic stay lifted or even trying to do so?

In this case, marketing a property for sale is not considered a violation of the automatic stay. If the trustee actually sold the property that would then be considered a violation, but in fact trying to sell the property is not.

In the state of Utah how does the automatic stay relate to involuntary bankruptcy that is followed by the filing of the nonpayer?

The main rules that consist of the automatic stay are related in the same way that it is in the involuntary cases. On the other hand, with voluntary cases, the nonpayer who has filed bankruptcy in one year can in fact ask the court to continue the stay if the before case whether it was voluntary or involuntary was not released but refused to file the documents.

Automatic stay bankruptcy laws can often be time consuming and very time’s complex. These laws and regulations can be unknown to someone who has never filed for bankruptcy or to someone who has never needed to file a motion to lift the automatic stay. These questions that arise can be addressed by the Legal Experts online.

Ask a Bankruptcy Lawyer

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FiveStarLaw, Attorney
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Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Automatic Stay Questions

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    I just filed a chapter 7 while the mortgage company sent me foreclosure letter,do I still have time to negotiate modification ,I obviously wrote off all debt that I owee them back mortgage for 3 years
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    my bankruptcy petition was converted from Chapter 11 to Chapter 7 because of USC 1112(b) failure to obey a stipulated order to submit a disclosure statement and plan. U.S Trustee appointed a chapter 7 trustee under USC 704. And the very next day the Chapter 7 trustee sent me a letter ordering me the former Debtor-in Possession to cease and decease from operating the day to day business and not collect one single penny. And sent a letter to al the tenants as well not to pay me a penny.
    I have just learned from a attorney from this site (thank you so much) that the Chapter 7 trustee needed to get authorization from the court in accordance to USC 704 (8) and USC 721.
    seeing that this trustee violated the law can I now file a motion to dismiss do to these violations of my right as a Debtor to Due Process and Prejudice and Privacy. I am sure if I had an attorney these letters would have never been sent.
  • Hello... my LLC and I have a court date next week, and I 've

    Hello... my LLC and I have a court date next week, and I 've done all of the classes etc... required to file for bankruptcy... I am concerned about the procedure and what should I expect at the hearing. Will the judge speak to me, or lecture me,etc...what is the routine?
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