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Simple English definitions for legal terms
motion for relief from stay
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A quick definition of motion for relief from stay:
A motion for relief from stay is a request made by a party to the bankruptcy court to change the automatic bankruptcy stay. This change would allow the party to take action against the debtor or the debtor's property. For example, a creditor may ask for permission to foreclose on a lien because their security interest is not adequately protected. This motion is also known as a motion to lift the stay or a motion to modify the stay.A more thorough explanation:
Definition: A motion for relief from stay is a request made by a party to the bankruptcy court to modify the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property. For example, a creditor may seek permission to foreclose on a lien because their security interest is not adequately protected.
Examples:
- A bank files a motion for relief from stay to foreclose on a property that the debtor has not been making mortgage payments on.
- A car lender files a motion for relief from stay to repossess a vehicle that the debtor has not been making payments on.
These examples illustrate how a creditor can file a motion for relief from stay to take action against the debtor or their property. The automatic bankruptcy stay is put in place to protect the debtor from collection actions while they are in bankruptcy. However, if a creditor can show that their security interest is not adequately protected, they may be granted relief from the stay to take action against the debtor or their property.