QUESTION

What is an effective or possible defense for a motion for relief from automatic stay?

Asked on Nov 04th, 2013 on Bankruptcy - California
More details to this question:
Chapter 7 was filed to delay foreclosure sale.
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4 ANSWERS

Usually just done for nonpayment of plan to repay loan, but that should be a chapter 13 not a chapter 7. You should have filed a 13 with a plan to repay back mortgage p ayments over 60 months.
Answered on Nov 13th, 2013 at 7:07 AM

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Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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Your question is too general. Responses to motions for relief are all fact-specific.
Answered on Nov 07th, 2013 at 9:33 AM

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Bankruptcy Attorney serving Oakland, CA at Elkington Law
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Honestly, there is no good defense. If you haven't been making your payments, you haven't been making your payments and the lender has the right to have the stay lifted. There are some strategies though. First, if you are trying to get a modification and you have submitted the application and it is under review, then you don't need the stay in your bankruptcy. Let them lift it. The other is to go to court and request that the Judge let you make adequate protection payments of an affordable amount, until your discharge date, when the stay will be lifted by operation of law. Other than that, you really don't have a good defense based on your posting.
Answered on Nov 07th, 2013 at 6:47 AM

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Litigation Attorney serving Stockton, CA at Patrick Jay Edaburn
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Generally speaking there are no defenses provided what the motion says is true (IE that you are behind and not planning/able to keep house).
Answered on Nov 07th, 2013 at 5:59 AM

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