Join the 9 million people who found a smarter way to get Expert help

Recent Automatic Stay questions

I am in a current chapter 13 and I am unable to get counsel

I am in a current chapter 13 and I am unable to get counsel due to my complicated case. So I have been going it on my own. Every document or concern the trustee sends my way, I immediately get it done. I also have applied to the chapter 13 loan modification home program. With that being said, one of my creditors my lender in one of my homes wants to lift the stay, because since I filed I am not current on my post bankruptcy payments. However, as I stated I am currently done everything as requested and the trustee is aware I have down loaded and completed all documents that concerns the loan modification and my current lenders have acknowledged that they are willing to help someone like me- stay in my home. I have filed a motion requesting a mediator, and have amended my plan as requested by the trustee- so I don't understand why my lender is trying to lift the stay-I received these documents that I have attached and I since I am limited in my knowledge, please if you cn provide me with your understanding in pro se terms of what and why they are still attempting to lift the stay when they have notification that I am in the process of getting a loan modification? Thank you

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,354 satisfied customers
If a debtor files a lawsuit against a party in court outside

If a debtor files a lawsuit against a party in court outside of bankruptcy court (who is not a creditor in their bankruptcy case), can that party/defendant file counterclaims against the debtor without worrying about violating the automatic stay? This new lawsuit in which the debtor is the plaintiff was filed 6 months after the debtor filed for bankruptcy.I want to make sure that a debtor who filed a suit against me cannot hide behind bankruptcy to limit my ability to fully defend myself and file counterclaims against him based on frivolous litigation and bad faith filings in the new lawsuit.

Read more

40,204 satisfied customers
I'm leasing an apartment in Miami-Dade County and behind on

Hi,I'm leasing an apartment in Miami-Dade County and behind on a rent. Landlord has filed for an eviction and even after response there is a motion for a judgement. I've had a dismissed bankruptcy filing in January with 180 days of filing ban. I have an llc which is registered to my home address, can I file chapter 7 as an LLC and get 30 days stay, that I desperately need.

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,892 satisfied customers
I filed for chap 13 feb 28. I missed the deadline for some

I filed for chap 13 feb 28. I missed the deadline for some paperwork and got a Dismissal notice. My house is scheduled for foreclosure this Friday. I was going to refile to put it off. I called the court they said that the case hasn't been closed. If I reopen it will I be able to push off the foreclosure Friday almost like it's a new filing?JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: He said filing a motion can reopen it. But o need it to stop the foreclosure for the time beingJA: Has anything been filed or reported?Customer: MassachusettsJA: Anything else you want the lawyer to know before I connect you?Customer: Just the initial chapt 13 paperwork and the class certificate

Read more

Terry L.

Partner

Doctoral Degree

3,014 satisfied customers
NJ BANKRUPTCY LAW: I own a rental property and my tenant

NJ BANKRUPTCY LAW:I own a rental property and my tenant filed Bankruptcy Chp 13 on 1/13/17 - Bankruptcy was Dismissed on 5/15/17 - A motion to Reinstate Bankruptcy was filed on 5/17/17 with Hearing on 6/6/17 - QUESTION = Can I file a Motion for Relief from Automatic Stay on 5/23/17 (in case the Reinstatement is allowed) or Do I have to wait until 6/6/17 after the Reinstatement is Order by Court?

Read more

legalg

Juris Doctorate

19,782 satisfied customers
I just received a notification that a creditor is garnishing

hello. I just received a notification that a creditor is garnishing my wages starting next month. I work for the school district. What can I do. Im ready to file bankruptcy if i have to. so 2 questions. what should I do to stop this garnishment? If I file, how long does it take to stop them?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,892 satisfied customers
I have a major bankruptcy question -- can you help? yes

I have a major bankruptcy question -- can you help?JA: What state are you in? And has anything been officially filed?Customer: yes filed - and sale date may 8th - - but ill pay to get a question answered that is crucial - not needing representation at the momentJA: Has anything been filed or reported?Customer: yes filedJA: Anything else you want the lawyer to know before I connect you?Customer: that I want to know if converting from a chapter 7 to chapter 11 on an emergency (skeletal) filing - will enact the automatic stay -- even if someone had two chapter 7 filings dismissed in one calendar year

Read more

40,204 satisfied customers
Is there a statute that allows a party being sued by a

Is there a statute that allows a party being sued by a Debtor in possession in a court outside of bankruptcy court (where the lawsuit is filed after bankruptcy was filed by the debtor) which allows the party to file counterclaims against the debtor? Or does the automatic stay prohibit this for some reason?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,354 satisfied customers
I was pulled into a federal lawsuit as a third party

I was pulled into a federal lawsuit as a third party defendant over copyright image issue. I need to file for BK as I can't afford to defend myself anymore and have some questions about this process and how to handle it.

Read more

Ely

Counselor at Law

Juris Doctor

69,976 satisfied customers
View more bankruptcy law questions
In The News