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Purpose and Delay of Creditor Seeking To Vacate Stay week Before Discharge Date?
I believe that without relief from stay, the Creditor is not free to exercise its rights on the real property until the case is closed, not when the discharge is granted. Therefore asking for relief from stay makes some sense from the creditors perspective as it gives the secured creditor a definite timeline that they can work with.
Additionally, I have had chapter 7 files discharged with motions for relief from stay pending and hearings upcoming. When I questioned it, I was told that the pending motion will not delay the discharge that would otherwise be granted.
Desiree Causey
714-375-6663
Sent from my iPad
On Aug 22, 2012, at 6:56 AM, "Stephen" wrote:
> Hi List Members:
>
> Wondering what the purpose and strategy is for a creditor to file a motion to vacate automatic stay in Chap. 7 bankruptcy for real property week or so before scheduled discharge date, which debtor had already stated that she would surrender in Statement of Intention? Does this also delay date of discharge until date of hearing or lack thereof based on no response by debtor to motion?
>
> Thanks,
>
> Stephen Stern
> Law Office of Stephen M. Stern, PLC
>
>
I believe that without relief from stay, the Creditor is not free to exercise its rights on the real property until the case is closed, not when the discharge is granted. Therefore asking for relief from stay makes some sense from the creditors perspective as it gives the secured creditor a definite timeline that they can work with. Additionally, I have had chapter 7 files discharged with motions for relief from stay pending and hearings upcoming. When I questioned it, I was told that the pending motion will not delay the discharge that would otherwise be granted. Desiree Causey714-375-6663Sent from my iPadOn Aug 22, 2012, at 6:56 AM, "Stephen" <legalsos4u@yahoo.com> wrote:
Hi List Members:
Wondering what the purpose and strategy is for a creditor to file a motion to vacate automatic stay in Chap. 7 bankruptcy for real property week or so before scheduled discharge date, which debtor had already stated that she would surrender in Statement of Intention? Does this also delay date of discharge until date of hearing or lack thereof based on no response by debtor to motion?
Thanks,
Stephen Stern
Law Office of Stephen M. Stern, PLC
The post was migrated from Yahoo.
Hi List Members:
Wondering what the purpose and strategy is for a creditor to file a motion to vacate automatic stay in Chap. 7 bankruptcy for real property week or so before scheduled discharge date, which debtor had already stated that she would surrender in Statement of Intention? Does this also delay date of discharge until date of hearing or lack thereof based on no response by debtor to motion?
Thanks,
Stephen Stern
Law Office of Stephen M. Stern, PLC
The post was migrated from Yahoo.