Relief from stay in Chapter 13
ATTORNEY IN HACKENSACK (201)-646-3333
A secured creditor of a debtor in Chapter 13 (except a creditor secured only by a lien on real property used as the debtor's principal residence) faces the prospect of a repayment plan forced upon it if the bankruptcy court confirms the debtor's plan. Confirmation usually follows the filing of a petition by fewer than six months. Thus, unless the secured creditor is concerned about uninsured property having significant value, or unless the secured creditor seriously doubts the likelihood of prompt confirmation of a plan, the expense of seeking relief from stay may not justify the benefit. Moreover, as suggested by In re Radden, it may be difficult for the secured creditor to prevail on a motion seeking relief from stay.
As in a Chapter 7 case, a secured creditor with a consensual lien on a Chapter 13 debtor's residence will often seek relief from stay in order to foreclose if the debtor is in arrears on mortgage payments and if it appears unlikely that the debtor will be able to fund a plan that both cures arrearages and maintains ongoing mortgage payments.
A bankruptcy petition, once it is filed, immediately operates as an automatic stay, holding in abeyance various forms of creditor action against the debtor. Automatic stay provisions work to protect the debtor against certain actions from the creditor, including: (1) beginning or continuing judicial proceedings against the debtor, (2) actions to obtain debtor's property, (3) actions to create, perfect or enforce a lien against a debtor's property, and (4) set-off of indebtedness owed to the debtor before commencement of the bankruptcy proceeding.
Hey Rafael it's Ken Zambrano. I'm here sending you this message to you and your staff to thank you for everything that you've done for me. Everything was great and everybody was polite and helpful for me. Thank you again. I recommend you to everybody that I come across.
A court may give a creditor relief from the stay if the creditor can show that the stay does not give the creditor "adequate protection" or if it jeopardizes the creditor's interest in certain property. The court may give relief to the creditor in the form of periodic cash payments or an additional or replacement lien on the property.
Concerned that debtors may exploit some of the advantages of automatic stay provisions, Congress provided some relief to certain creditors, such as those creditors who have a secured interest in a single real estate asset, from the automatic stay in 1994. Congress required such debtors to either file a plan that has a reasonable chance of being accepted within a reasonable amount time or to make to each such secured creditor monthly payments in the amount equal to interest at a current fair market rate on the value of the creditor's real estate.
Also in 2005, Congress added two more exceptions to the automatic stay provisions. These exceptions concern landlords seeking to evict tenants. First, any eviction proceedings in which the landlord obtained a judgment of possession prior to the filing of the bankruptcy petition may be continued. Second, eviction proceedings filed after bankruptcy proceedings are exempt from the automatic stay if they involve evicting the tenant on the basis of using illegal substances or "endangerment" of the property.
Hi my name is Jenny. Mr Gomez was recommended to me by another attorney. I'm also a paralegal. Mr Gomez has done a case for me in which he's won. I've known him for 14 years plus. Mr Gomez and his staff is very very professional. I love them basically he is an excellent
attorney. I would recommend him to anyone as a matter of fact have recommended him to a
few people and they also like him. Base he should be he's my attorney and he will continue to be my attorney and he should be your attorney too.
Pursuant to the new provisions of BACPA, certain restrictions were added to section 362 as to the automatic stay. If the debtor had a case dismissed in a case pending during the year before the bankruptcy case was filed, the automatic stay will expire to a certain extent unless the debtor obtains an order extending it within one month. If the debtor had two cases pending in the year prior to filing, the automatic stay does not go into effect unless the debtor files a motion.
No comments:
Post a Comment