Relief from Stay Motions

Pursuant to §362(a) of the United States Bankruptcy Code (the "Code"), immediately upon the filing of a bankruptcy petition, the so-called "automatic stay" goes into effect. The automatic stay is an injunction that prohibits creditors from beginning or continuing judicial proceedings against the debtor, from repossessing the debtor's property, from creating, perfecting, or enforcing a lien against the debtor's property, or from taking a "set-off" for pre-petition debt. Unless a creditor is granted relief from the automatic stay, the stay is effective for the duration of a debtor's bankruptcy case.

Relief from the automatic stay is necessary for a creditor to commence or continue with a real estate foreclosure, to repossess a motor vehicle or mobile home, or to evict a tenant. Relief from the automatic stay is necessary even if the debtor "surrenders" an asset to a secured creditor by way of the debtor's "Statement of Intention" in a Chapter 7 case or through the debtor's proposed plan in a Chapter 13 case. In certain circumstances, the automatic stay may be forfeited by the debtor.

Pursuant to §362(h) of the bankruptcy code, the automatic stay terminates with regard to personal property that secures a prepetition debt if the debtor fails to timely state and then perform his or her intention to surrender, redeem, or reaffirm the property.

Seek Professional Representation from D. Baker Law Group, P.C.

It is almost evitable in today's economic climate that a lender will encounter a borrower who has defaulted on a secured loan and filed for bankruptcy protection, typically under Chapter 7 or Chapter 13. At D. Baker Law Group, P.C., we stand ready to immediately seek relief from the automatic stay so that the creditor can move swiftly and efficiently against the collateral in question.

David M. Baker, Esq.- your Massachusetts and Rhode Island Creditors' Rights Law Attorney!

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