QUESTION

Is the automatic stay in our bankruptcy case still valid? How?

Asked on Jun 09th, 2015 on Bankruptcy - Colorado
More details to this question:
I just received a letter from the IRS that is confusing me. It says that there has been a stay of 11 U.S.C. 362 as terminated as to debtor and debtors bankruptcy estate'. What does this mean?
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4 ANSWERS

It terminates upon you receiving a discharge, or your case being dismissed. Pay an experienced bankruptcy attorney for an hour of their time to review your entire file with you.
Answered on Jul 27th, 2015 at 2:40 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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If that's what the letter said, it would confuse anyone. If the stay is terminated, that means either the bankruptcy was dismissed or the IRS got relive from the stay by the court. In either case, the IRS is no longer restrained by the stay and can resume collection actions against you.
Answered on Jul 27th, 2015 at 2:40 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It appears that the IRS is claiming that the stay is no longer in place. Sure would have helped me to explain why if you had provided more information about your case, such as whether you received a discharge or if the IRS filed a motion to lift the stay.
Answered on Jul 27th, 2015 at 2:40 PM

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The Automatic Stay is what is imposed by 11 USC sec. 362. It appears that the IRS moved the Court for relief from stay, and you or our lawyer did not contest it. If you have a lawyer and he did not discuss this with you once the motion was filed, he is not doing his job-majorly. If you did not read your mail, you were disserving yourself. Find an experienced bankruptcy lawyer right away. It is possible that he or she can develop some means of blunting the effect of this Order. It is also quite possible that you have received a copy of the Motion for Relief from Stay, together with a proposed Order. Go back and read the papers very carefully. There is probably a final date for objecting and requesting a hearing. This is the time either to get a legal education or a lawyer. Good Luck.
Answered on Jul 27th, 2015 at 2:40 PM

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