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Stay Order Questions

Stay is a term which describes the legal measure used to offer temporary relief to a debtor from creditors. When a debtor files bankruptcy, they automatically receive an automatic stay. This prohibits lenders from attempting to collect from the creditor during the bankruptcy proceedings. To learn more about this topic, take a look at the questions below that have been answered by Experts.

What is an order reinstating automatic stay in bankruptcy and how does it work?

This Motion is a request to the court to reinstate a stay order which prohibits lenders from attempting to collect on debt during a bankruptcy process. When filing for this motion, the debtor must provide information as to how they will correct the issues and how they expect to maintain future payments. Usually, the debtor must compel the court to reinstate the stay such as provide proof that the debtor wasn't given enough notice of the Motion for Relief from Stay to object. Also, the debtor must ensure the court that he/she is willing to rectify the reason for the relief being granted (the debtor has the money to pay for all arrearage owed when coming to the hearing).

What does an order for stay of judgment granted mean? Does this mean we have lost our home or that the bankruptcy has been canceled?

When the court grants a stay of judgment, the person who has the judgment is unable to collect on the judgment. In this situation, it doesn't mean that you have lost your home but it also doesn't mean the bankruptcy has been canceled. The stay of judgment ensures that for the moment, you won't lose anything. However, you could if the court lifts the stay. This would happen if the lender was to file for a Motion for relief from stay and the court grants the Motion. If this happens then the lender could continue with the judgment and you may lose your home.

How do I file a motion to stay a wage garnishment order that has already been served on my employer for child support, child support arrears, and alimony in arrears? I cannot afford the amount and I have considered filing chapter 13.

While marital equalization payments can be discharged, child support cannot be. This includes current and arrears. It appears that you would be unable to gain a stay of garnishment during the time that you wait for a hearing on the child support reduction.

In order to get a reduction on the amount of child support, you would have to show an apparent change in your financial situation that makes the payments impractical. It may be possible for a post-judgment modification. If you are granted the Motion to Reduce, all garnishments would be applied to back child support.

At this point in time, your best bet would be to focus on any "substantial change in circumstance" that would make it impractical for you to make the payments requested. There is a limit to the amount of your disposable income that can be garnished. A garnishment can only take 25%; anything over this would be in violation of law.

How do I file a motion to stay a wage garnishment order from Discover Card that has already been served on my employer? I had a previous payment plan that I got behind on. Do I file a motion to reinstate a payment plan?

To determine what steps to take you must look at the judgment;

The lender can garnish your wages regardless if you catch up on the payments if the judgment states they can garnish if you default on the payments.

If the judgment states the lender can garnish your wages upon default, but must stop garnishment if you catch up- on the payments owed prior to default, the lender must stop the garnishment. You would then have to file a Motion to Stay.

If there is nothing mentioned in the decree, the lender can continue to garnish.

My ex went to court without my knowledge and received a court order to remove my daughter from school during Christmas. I have sole custody. How can I file a stay order to stop a court order?

Apparently, your ex-husband made an ex parte motion with the court. The first thing you should do is contact the court and find out what took place at court. Find out if the ex-husband filed the Motion and claimed that you were given notice. This would mean that the ex-husband committed fraud on the court.

Once you have gathered all of the information from the court file, you would file a motion with the court to set aside the current order because the ex-husband failed to give you notice which violates your rights. This may be done as an emergency ex parte.

When going through bankruptcy, a person is stressed out and doesn't need the added stress of creditors coming after them for payment. A Stay will allow the debtor some relief from a lender while dealing with the bankruptcy proceedings. If you are being hounded by bill collectors while trying to get through a bankruptcy, you should ask an Expert for legal assistance.
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