Whether you are a debtor or a creditor, there are several things you need to know about relief from stay bankruptcy. These include the types of stays, the circumstances when a stay can be granted and the effect of a stay on your case.
Co-Debtor Stay
During a Chapter 13 bankruptcy, a creditor can request a Co-Debtor Stay to stop collection efforts against a co-debtor. This is done by the bankruptcy court. This process can be difficult, but an experienced attorney can help you through it.
The bankruptcy court will normally hold a hearing to determine if the stay should be lifted. In some cases, the bankruptcy court will approve the removal of the stay. In other cases, the bankruptcy court will decide whether the stay should be modified.
The most common scenario in which a creditor asks for the removal of the automatic stay is when the debtor falls behind on payments. If this happens, the creditor may take legal action against the debtor. If the debtor is a co-signer, the creditor can also seek to have the automatic stay removed.
The Co-Debtor Stay is a very important tool in a Chapter 13 bankruptcy. It extends the protections of the bankruptcy to other debtors, even if they did not file.
The Co-Debtor stay applies only to consumer debts, such as credit cards, personal loans, medical bills, and mortgages. It does not apply to tax debts or business debts. Similarly, it does not protect a non-filing spouse from the IRS. However, some bankruptcy payment plans provide full payment for joint debts.
A co-debtor is someone who has incurred debt for personal or family purposes. For example, a husband and wife who buy a car together but later file for bankruptcy are both responsible for the car loan. A husband who files for bankruptcy is not protected from the IRS attempting to collect on the car. The wife cannot file for bankruptcy, but the couple is both responsible for the car note.
The creditor may still be able to pursue collection activities against the co-debtor under state law. For instance, a finance manager could tell the couple to sign the loan papers, but then pressure them to cancel the bankruptcy filing. This is indirect coercion.
If a co-debtor is threatened with harm, he or she may have a right to an order for indemnification from the debtor. The bankruptcy filer is also protected from indirect coercion, such as creditors putting pressure on his or her friends or colleagues.
Freezing a debtor’s account
Upon receiving a court judgment, a creditor can freeze a debtor’s account. This is a great way to force people to make payments, but it is also a risky move that could lead to fraud charges.
The first time a creditor freezes a debtor’s bank account can be a devastating experience. Not only are the debtor’s liquid assets frozen, but the money in the account can be seized. The good news is that some creditors will allow the funds to be released from the frozen account after a repayment plan is approved.
A creditor who files a lawsuit against an individual has the right to place a hold on an account for up to two times the amount owed. This is known as a ‘right of offset’ and it allows a bank to apply the remaining funds towards a debt.
The most common reason a creditor freezes a debtor’s account is for a judgment. This is an important fact to keep in mind if you are considering filing for bankruptcy.
There are several reasons why a creditor might want to freeze an account, and the first line of defense is to speak to a Licensed Insolvency Trustee about your options. This will help you to negotiate a repayment plan with your creditors and avoid a financial disaster.
You can also ask the bank to notify you that the account has been frozen. You may receive a courtesy call from the bank’s customer service department. However, the account may not be unfrozen until the CRA does so, or a court order is obtained.
The automatic stay is a legal measure that stops a creditor from collecting from a debtor after a bankruptcy filing. It also means that attempts to collect from a debtor are suspended, and the creditor must provide plenty of notice. This is an excellent reason to attend the bankruptcy court when possible. This will give you the opportunity to discuss your case with the judge, reduce your debt, and set up a payment plan.
The best defense against a creditor who wants to take your money is to hire a lawyer who specializes in bankruptcy law. Your lawyer will be able to give you a clear picture of how to freeze your bank account and protect you from a potentially disastrous financial situation.
Summary judgment entered on Providian’s third and alternative claim for relief
SS 305(a) is often referred to as the “stay,” which is a temporary order of the court that bars a debtor from performing certain duties in connection with a Chapter 11 case. It is important to note that the stay is not a mandatory rule, and creditors may file a lawsuit in state court to obtain relief from the stay. It is important to consider the costs of moving for relief from the automatic stay and to understand that the stay is only effective for the duration of the chapter.
One issue that the bankruptcy court did not err on was the summary judgment on Providian’s third and alternative claim for relief from the stay. The summary judgment is an effective tool for petitioning creditors, providing them with a better opportunity to collect their monetary damages than would be possible under state law. However, the judgment does not provide a proper reading of Section 303(b) of the Bankruptcy Code.
On January 22, 2011, Providian sued the debtor, alleging that he made credit card charges without the required intent to pay. The lawsuit was filed under SS 523(a)(2), which allows a creditor to sue a debtor for non-dischargeability of a credit card debt.
On February 1, 2010, the debtor, Marciano, responded to the Involuntary Petition and filed an answer to the complaint. On the same day, two Petitioning Creditors, Taina Vitt and Daniel J. McCarthy, filed motions for summary judgment. Both motions were based on the same facts. Several states have a “state court of appeals,” which may be used to settle disputes between parties.
The “big” question in the bankruptcy courts was whether the “so-called” “automatic stay” imposed by the District Court had actually been violated. The court determined that there was no automatic stay in place, but that it was not denying discovery.
The bankruptcy court also rejected the claim that the best way to get relief from the automatic stay was to file an adversary action. It was also clear that the best way to avoid the stay was to obtain a settlement. The bankruptcy court’s ruling on the latter was based on a different set of facts. The debtor argued that the deed of trust in question was defective. The court rejected the contention that the property was not subject to an estate’s control at the time the deed was executed.
Movant contends that there is no equity in the property
During the course of a 1997 Marital Separation Agreement, a former spouse, or “Movant”, placed a deed for the property in his name. However, the other spouse, or “Debtor”, did not take any action to convey the property to the Movant. In order to exercise the rights of the party under the Agreement, the former spouse needs to obtain relief from the automatic stay. In the present case, the former spouse is asking the Court for a stay of the proceeding, so that the former spouse may proceed to state court.
The chapter 7 trustee, or “Trustee”, has asserted that the property is the subject of an interest by the Debtor. The Chapter 7 trustee has asserted this interest as a bona fide purchaser, which means the Debtor would have acquired the interest from the debtor alone, and not from a third party. The BFP would have a reasonable duty to conduct further inquiry to determine whether the former spouse has an interest in the property. The Bankruptcy Law does not provide for a trustee to refute a claim of a BFP.
The Chapter 7 Trustee has not presented any evidence to support his assertion that the Debtor had actual knowledge of the interest. He has argued that the Debtor failed to implement the Agreement. The Chapter 7 Trustee also argues that the Trustee has superior rights to the Movant under the Agreement. The parties have briefed their respective legal positions. The Court should grant the Movant’s motion to obtain relief from the automatic stay, and should grant the motion to determine whether the Debtor has an interest in the Property.
The Chapter 7 Trustee has argued that the former spouse has not been granted the right to file lis pen-dens on the property. The Movant, however, contends that there is no equity in the property and that he has no exclusive possession of the property. Alternatively, the Movant argues that the Chapter 7 Trustee should be given constructive notice of his interest, and that his actions primed the trustee’s rights under Section 544(a)(3) of the Bankruptcy Code.
