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Automatic Stay Questions

Automatic stays prevent any attempts of collection from creditors. This includes existing lawsuits, vehicle repossession, or wage garnishments. Legal action can be taken against a creditor if they continue to pursue collection after an automatic stay is put into effect.

Whether or not a stay is granted or if it is automatic usually depends on how many bankruptcies are filed in the previous year. A bankruptcy attorney can assist you with the steps to ensure stay protection.

Whether a stay is granted, or whether it will be automatic, will depend on how many bankruptcies have been filed within the previous year. If the stay in not automatic, a bankruptcy attorney can offer advice on how to file a motion for additional stay protection. Below are some commonly asked questions regarding automatic stays hat have been answered by Experts.

How is a motion to reinstate an automatic stay written, is there specific forms that need filled out?

There are a couple of places you can check for a form for a motion to reinstate the automatic stay. First, you can go to the bankruptcy court website. You may be able to find the form there. If there isn't a form on the website, check with the law library in the courthouse. Just ask the librarian for assistance. There should be a form book that has the motion to reinstate the automatic stay. You can also go to this site: http://www.findforms.com/single_form.php/form/18294/RECOMMENED_FORMS_AND_ORDERS_Bankruptcy_New_Jersey

When you find the form, you will need to add an affidavit that explains the reason you were late to court. You will also state the reason that you are opposing the motion to lift the stay. If there are legal cases mentioned in the form book that support the motion to reinstate the automatic stay, you should add those cases in your affidavit and compare your case to them.

If someone filed Chapter 7, received a notice of hearing for a motion in confirming the termination of the automatic stay as to debtor's vehicle; and signed a reaffirmation agreement but didn't get the paperwork to the attorney in enough time, what could happen?

By signing the affirmation agreement, you are basically telling the bank (or whoever has the note) to continue to collect the payments because you want to keep your car. In order for the lender to collect, the automatic stay would need to be terminated. The automatic stay was put into place when you filed the Chapter 7, which would have kept the lender from doing anything with the loan until after the bankruptcy was complete.

I missed a court date for relief of automatic stay, I filed a motion to reinstate and set aside default judgment. What else can I do to stop the Foreclosure sale.

You need to file a motion to set aside and reinstate the automatic stay. You need to contact the court clerk and get the information on when to present such a motion. You will then need to notify the opposing party that you intend on presenting the motion and when you will present it.

The court generally hears motions like this on a daily basis. You can probably drop the motion off at the court's office. The judge can review the motion and determine whether or not to allow the motion.

Can I file bankruptcy and get an automatic stay if the property has been foreclosed on and an eviction notice has been filed with the courts to remove me from the home?

Theoretically, when you file for bankruptcy, an automatic stay will be invoke an automatic stay of the eviction process. However, in order to avoid the eviction from taking place, you will have to express to the court that there was a major mistake within the foreclosure process. That is probably the only way to over ride a Motion for Relief of Automatic Stay which is what the opposing party will likely apply for in order to continue with the eviction.

I filed a chapter 13 on my own and was granted a stay, but the creditor whom I owe for my truck has seized it while it was being repaired at the dealer and refuses to return it, what can I do?

This is a violation of the automatic stay and the creditor has to return your vehicle. If the creditor doesn't return the vehicle, they can be forced to return it and face fines for the action. You need to go to the court and file a motion to the court and trustee that states the creditor "willfully violated the automatic stay and is in violation of 11 U.S.C. §362" and have the creditor served. If the creditor doesn't answer to the motion, they will probably face heavy penalties for not doing so.

An automatic stay is a way to protect an individual during the bankruptcy process. The automatic stay prevents any creditor from attempting to collect on any debt until the bankruptcy is completed. If you are facing bankruptcy and need more information, you should ask an Expert for more clarification about an automatic stay.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Lawyers are online & ready to help you now

Tina
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JD, BBA Over 25 years legal and business experience.
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