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What is a stay provision?

An automatic stay is a provision in United States bankruptcy law that temporarily prevents creditors, collection agencies, government entities, and others from pursuing debtors for money that they owe.

What is a stay relief?

A motion for relief from the automatic stay is a request creditors make to the court to take certain collection actions against the bankruptcy filer. Its also called a stay reliefmotion. A secured or unsecured creditor can submit a stay relief motion to the bankruptcy court.

What is an order for relief?

The determination that a person or entity is a debtor under the Bankruptcy Code. In a voluntary bankruptcy case, the filing of the bankruptcy petition constitutes an order for relief ( 301(b), Bankruptcy Code).

What is a motion stay Chapter 13?

Once a Chapter 13 bankruptcy petition is filed, the automatic stay goes into effect with the order of relief being entered on the filing date. Its this automatic stay that prohibits the creditors from taking any further action outside the bankruptcy to collect monies that are owed to them from the debtor.

How long does the automatic stay remain in effect Chapter 7?

The automatic stay remains in effect until your case is closed. But, of course, it isnt always that simple. For Chapter 7, its often the case that a stay will last the 3-5 months the court case is open. For Chapter 13, bankruptcy cases could take anywhere from 3-5 years.

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