Relief of Stay

No.  You do not need to attend this hearing if you have an attorney.  The court will not listen to you even if you go.  If you have a reason to resist the motion, please call your attorney to discuss what actions may be taken .

That depends on the answer to the following questions:

a.    Are you giving up the property?

If so, then you don’t need to take any action.  You don’t even need to call us.  Just ignore the motion altogether.



b.     Are you filing for Chapter 7 bankruptcy?

As soon as you filed for bankruptcy, the court protected you from just about all types of collection efforts. This protection is called the “automatic stay.” While the automatic stay is protecting you, secured creditors cannot repossess property that they have sold you. You already know that to keep secured property in bankruptcy you need to stay current on the secured loans. If you fall behind, the creditor can ask the court to allow it to repossess the collateral. This request is called a Motion for Relief from the Automatic Stay.

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