Can I file an opposition to a motion for relief from stay? 26 Answers as of August 06, 2011

yes you may, since you are current on your payments and as you rightly said, you have adequate protection. Please note that this is not legal advise and should not be construed as such. .

Yes, you can oppose the motion for relief if you have brought the payments current. In most cases, the creditor will drop the motion.

Yes

You absolutely can file an Objection and argue it in court. Your auto payments discontinued because of the stay which does not allow your mortgagors to collect the auto payment. I am just unsure of the benefit of arguing this motion.

Once a discharge is entered there is no stay on behalf of a debtor for real estate loans. There is no need for a creditor to file for relief from stay and there is no basis for opposition to be filed in the event a motion of this type is filed unnecessarily.

If those three payments are the ONLY ones past due, then becoming current on the loan is grounds for opposing the motion for relief. If you were already behind before you filed and these payments are still past due, you need to either provide for repayment of those arrears, or a way to cure the delinquency AND have equity in the property - which is the lenders adequate protection.

I believe that Motion is too late. First ask the bank if they plan to dismiss the motion and leave you in good standing. If not,call the clerk to see if they're going to schedule a date. If for some reason they are, you can answer that it's filed too late (they can take action after discharge w/o court approval) and show that you're up to date. Then keep it always up to date and always.make sure right away that auto payments go through.

The issues in your question are too involved and specific to your case to answer on a public forum. I will say that as a practical matter, and as general information - most of the time once a debtor receives a discharge from the court, the case is scheduled to close very soon afterward (weeks or sometimes as fast as 1 or 2 days) with the stay expiring anyway automatically with the closing of the case, so a motion for relief from stay from a creditor under those circumstances is generally redundant and wasteful, since filing their motion stops the case from closing until it is heard by the court - meaning it actually may result in extending the time it would take for the stay to expire. There are many reasons this can happen: Sometimes the lawyer filing for relief doesn't realize this; sometimes it's a tactic to increase costs for debtor to cure post-bankruptcy and sometimes the creditor is also asking for "prospective relief" in the relief motion to stop a debtor from filing a different kind of bankruptcy in the future (which is very dangerous). There are other issues involved. This matter should be discussed with an attorney.

Did you enter into a reaffirmation agreement with the bank? Under the controlling law in the federal districts contained within the State of Alabama, you must redeem (pay the value of the property in a lump sum), reaffirm the debt, or surrender the property securing the debt. Absent a reaffirmation agreement, you no longer have any personal liability on the debt. If you failed to reaffirm the debt, the bank will be granted relief from stay. You should also recognize that the automatic stay ends when your case is closed. Even if the bank didn't seek relief from the stay, it would be entitled to pursue its state law remedies when your case is closed. Talk to your attorney and see if you can work out arrangements with the Bank to keep your home.

The automatic stay should not be in effect any longer since you received your discharge already and generally cases are closed a few days after the discharge plus the automatic stay expires 60 days after the meeting of creditors anyway. Therefore, I have no idea why the bank would need relief of stay now. Maybe there is other information you did not include in your question. Often banks file for relief of stay unnecessarily or set the hearing date after the case is closed. It can only be explained as careless lawyers than don't check the dates. If the stay has already expired in your case then there would obviously be no need to oppose something that would not be granted anyway. You better check with your attorney as to what is going on in your case.

You are way over your head. Pro se cases often go badly. Catching up without negotiating the motion was a huge mistake. Whether you can or should defend the motion (and how) is a decision that involves legal training and a review of the pleadings. Get a lawyer to look at it.

You can file your opposition stating that your payments are now current and timely and you have cured all arrears. Of course, this will all have to be true for the opposition to have merit and convince a judge. Thank you

Yes of course u can But just contact the atty of the bank and they can withdraw their motion

A "Relief from Stay" Order in your Chapter 7 bankruptcy will only give the lender the right to proceed with its state court remedies as to the mortgage. From what you posted (that you paid it up to date), the lender currently has no legal remedies against you because (1) they accepted payment of the past due amount and (2) you are current as to all payments from the date of the loan through the current date. The Bankruptcy Stay Order in Chapter 7 is lifted once the Court issues the Final Decree and closes the case post-discharge. In other words, once the bankruptcy case is closed, the Court loses jurisdiction to enforce a Stay since it automatically terminates.