Motions for Relief from The Automatic Stay: 30 Day Requirement

23 Nov Motions for Relief from The Automatic Stay: 30 Day Requirement

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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Nicholas Ortiz, Boston Bankruptcy Attorney

From Attorney Ortiz: We have been helping consumers and small businesses in Massachusetts successfully navigate through the bankruptcy process since 2002. We offer free initial consultations and payment plans. Call us at 617-716-0282 to discuss your debt relief options. Mention the Bankruptcy Law Network when you call!
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