What are Motions for Relief from Stay?

A motion for relief from stay is a request by a creditor for the Bankruptcy Court to grant permission for them to pursue collection actions such as foreclosures, repossessions, etc.  There are a couple reasons such requests are granted:  failure to make payment, a client has decided to surrender the property in the bankruptcy, or a lack of adequate protection for the secured creditor.

Most of the time, we expect these motions as a part of our recovery plan and there is no need for us to respond.  If the motion goes against our wishes, we can fight it through the Bankruptcy Court.  If you have any questions about this or other bankruptcy related issues, I would be please to speak with you.

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