What is a motion for relief from automatic stay in bankruptcy? How? 7 Answers as of August 21, 2015

I just filed for bankruptcy on 7/1/14 - on 7/23/14 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 August.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
A motion for relief is a motion by the lender seeking permission to continue with the eviction. Why do you care about a short sale? Generally there is nothing in it for at all. You are already in bankruptcy. The short sale will do noting to improve your credit score. You will not be liable for any deficiency because that will be discharged in your case.
Answer Applies to: California
Replied: 8/21/2015
Stephens Gourley & Bywater | David A. Stephens
It is a motion seeking permission from the bankruptcy court to proceed outside the court, usually for foreclosure. You can stay in the residence until the foreclosure is complete and even then you can stay a bit longer.
Answer Applies to: Nevada
Replied: 8/21/2015
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
When you file a bankruptcy case, you immediately fall under the protection of the automatic stay. This stay prevents creditors from collecting any debt owed them. This means that a mortgage lender, for instance, cannot go through with a foreclosure while the stay is in effect. Your mortgage lender filed a motion for relief from that stay. If granted by the court, they will then be able to move forward with the foreclosure (or a short sale) even though you are in the middle of a bankruptcy. What you decide to do will depend on what your intentions are. If you fully intend to go through with the short sale, and intend to vacate the property as soon as you are required, then there is no harm in letting the motion go through without objection. If your intention is to retain the property and cure the default, then under no circumstances should you just let this motion go without objection. If the court grants the motion, the bank will move forward with the foreclosure or short sale. How long you have to remain in the house is up to the bank. You may be able to negotiate that point, if you do a short sale.
Answer Applies to: Colorado
Replied: 8/19/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You need to meet with an attorney face to face so he or she can review this paperwork and give you proper guidance. Any mistakes here could cost you dearly. Yes, the lawyer will charge you for the visit, but getting the proper advice is what is paramount here. Good luck!
Answer Applies to: Colorado
Replied: 8/19/2015
D.J. Rausa, Attorney at Law | D.J. Rausa
You do not have to sign a Motion for Relief from Stay. If you wish to have a specific move out date, contact the attorney who filed the motion.
Answer Applies to: California
Replied: 8/19/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You do not sign a Motion for Relief from Automatic Stay. A judge makes a decision whether or not to Order Relief from the Automatic Stay which would allow the foreclosure to proceed. The Automatic Stay is an order protecting you from actions by your creditors while your bankruptcy is open. Relief from the stay will allow your mortgage company to proceed with foreclosure even though the bankruptcy is still open. Sort of indicates that the short sale situation is not going as great as expected. You may want to oppose this motion as it appears you have several defenses.
    Answer Applies to: Nevada
    Replied: 8/19/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You don't need to sign it. The judge will grant it and they will have to go back to state court and complete the foreclosure process.
    Answer Applies to: New York
    Replied: 8/19/2015
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