What is a motion for relief from automatic stay in bankruptcy? 10 Answers as of April 05, 2011

I just filed for bankruptcy on 3/1/11 - on 3/23/11 I received a "Motion for Relief..." from my mortgage holder (they had previously started foreclosure, and I am working with them on a short sale). If I sign this, what will happen? Will I have 30 days to vacate from the date it is entered into the court? I am planning to move by the end of April...

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
The automatic stay stops all collection activity, including foreclosures. The creditor will ask the court to be relieved from this and to continue with the collection/foreclosure process. There is no definite answer as to how long they will take to move forward, but they will have to issue a new sale date after this motion is granted. If you have an attorney, be sure to check with them on this matter. Otherwise you will receive notice with this motion is granted and when the creditor chooses to move forward.
Answer Applies to: California
Replied: 4/5/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Creditors must bring a motion for relief from stay before continuing with further collection activity. It allows the creditor to continue where it left of and foreclose on a house. Once the motion is brought, you must be given the opportunity to defend the motion at a hearing.
Answer Applies to: Washington
Replied: 3/28/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
A Motion for Relief from Stay, simply put, is the creditor asking the bankruptcy court for permission to continue on with the foreclosure proceeding. The motions are granted with ease under the circumstances and the time in which you will have until you are noticed to vacate varies widely depending on circumstances.
Answer Applies to: Indiana
Replied: 3/28/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
A motion for relief from stay is the lender asking the court to remove the house from the bankruptcy court's protection. Look at the paper work, there is a hearing date. The court will likely grant the motion on that date. The lender will then proceed with the foreclosure.
Answer Applies to: California
Replied: 3/25/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
There's nothing for you to sign on a Motion for Relief From Stay. It is a motion filed by your mortgage lender for permission to continue with foreclosure. The automatic stay that went into effect when your bankruptcy case was filed prohibits them from continuing with any foreclosure or collections, unless they get court approval, which is what they are seeking. If you wish to oppose the motion, you need to file an opposition in the timeframe stated in the Notice you should have received. When you need to vacate your house depends on when they complete the foreclosure sale, which depends on how far along they were in the foreclosure process (under your state's laws) prior to you filing the bankruptcy case, and then how long it takes them to file an unlawful detainer action against you. You need to consult with an attorney in your area on this.
Answer Applies to: California
Replied: 3/25/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You should talk to your attorney who filed the bankruptcy. That is why you paid them. They would be the best person familiar with your case.
    Answer Applies to: Alabama
    Replied: 3/25/2011
    The Doan Law Firm
    The Doan Law Firm | Shawn Doan
    You would need to direct this question to your attorney, there are several key issues intertwined that will need to be analyzed.
    Answer Applies to: California
    Replied: 3/24/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The bank wants permission to foreclose from the bankruptcy court. That doen not mean the will foreclose right away but they will be able to do it on 21 day's notice. They might already have a foreclosure date set. If you plan to be out by April 30th it should be no problem even if the bank sells the property quickly. You should not sign anything.
    Answer Applies to: California
    Replied: 3/24/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The motion is so the creditor can continue with the foreclosure.
    Answer Applies to: California
    Replied: 3/24/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    A Motion for Relief from the Automatic Stay is the mortgage company asking the Court to allow them to begin collection again. Once relief is granted the mortgage company will need to begin foreclosure again, it is possible that you will still have through April in your house.
    Answer Applies to: New Hampshire
    Replied: 3/24/2011
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