Motions for Relief from The Automatic Stay: 30 Day Requirement
By Nicholas Ortiz, Boston Bankruptcy Attorney on Nov 23, 2008 in Automatic Stay In Bankruptcy
Motions for relief from the automatic stay enjoy the benefit of expedited treatment by bankruptcy courts. Under Section 362(e) of the Bankruptcy Code, when someone, such as a mortgage servicer, files a motion to lift the stay, they get automatically relief from the automatic stay unless the Court holds a hearing within 30 days. Sometimes a creditor will file a written waiver of this right to allow the court to schedule a hearing more than 30 days in the future. Unless this happens, when confronted by a motion to lift the stay, a debtor must ensure that they get before the court within the 30 days after the filing of the motion to be heard on why the stay should be preserved.
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