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dkennedy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6009
Experience:  15+ years experience
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Please do NOT reply with a hold question to delay me until

This answer was rated:

Please do NOT reply with a hold question to delay me until you can answer my question!

my question:
In a bankruptcy if an adversarial complaint is filed will that stop – or delay- a motion for relief form stay?



Yes, in almost every case the Bankruptcy court will then hold a hearing at some point to determine the legitimacy of the motion for relief from stay. Sometimes it is a phone conference, sometimes in person in court. To delay the relief from stay, one should insist on an "in person" hearing. That means the party who requested the relief has to bring evidence and so forth. Please follow up with any questions.

Customer: replied 4 years ago.

Thank you almost got it - let’s go a bit more…

So IF there’s a motion for relief from stay on the table AND I first file an adversarial complaint

Then I filed an objection to the motion for relief by pointing out that I want it put on hold until after my adversarial complaint is heard the BK court will NOT grant the motion for relief until AFTER my adversarial complaint is heard???


No, in all likely hood they will settle all the controversies before they decide to grant or deny the stay. They do this because anything that you or the other party brings up in the adversarial matters could impact the "stay" motion.
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