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NOTICE OF BANKRUPTCY STAY - The North Carolina Court System

NOTICE OF BANKRUPTCY STAY - The North Carolina Court System 2025

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The document is a legal notice from the State of North Carolina, specifically from the Mecklenburg County General Court, indicating that a bankruptcy petition has been filed and an order for relief under a specific chapter of the Federal Bankruptcy Act has been granted. It states that further proceedings involving the parties are stayed in accordance with relevant sections of the U.S. Bankruptcy Code.

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How to get relief from bankruptcy stay?

Filing a Motion and Setting a Hearing Date -- A Motion for Relief from the Automatic Stay is commenced by filing the appropriate motion and setting the motion for a hearing date. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms.

What is the statute for relief from automatic stay?

Under section 362(d)(2) the court may alternatively terminate, annul, modify, or condition the automatic stay for cause including inadequate protection for the creditor. The court shall grant relief from the stay if there is no equity and it is not necessary to an effective reorganization of the debtor.

What is a notice of bankruptcy stay?

Notice of Stay of Proceedings (CM-180) Tells the court and the other side that a cause is paused (stayed) because another court case, such as bankruptcy, requires the pause.

Does bankruptcy stay criminal proceedings?

Bankruptcy laws cannot override criminal laws, and a debtor cannot use bankruptcy to shield themselves from criminal prosecution. In fact, filing for bankruptcy may even trigger an investigation into the debtors financial activities, especially if there are indications of fraud or other criminal activities.

What are the reasons for a relief of stay?

Most often, it is the secured creditor who wants relief from stay to foreclose on real estate or to repossess a car. Creditors can frequently get relief from the stay to foreclose on property in which the debtor has no equity or where the property is not insured.

How to get a stay lifted?

How to Ask to Lift the Automatic Stay. The creditor must file a written motion with the court explaining the need to lift the stay, notify the debtor of the motion and the hearing, and prove that good cause exists to lift the automatic stay. The court will decide whether to grant or deny the creditors motion.

What is the stay of execution in bankruptcy?

Stay of execution is directed by a court to stop some form of enforcement action. A stay of execution can apply in many circumstances like stopping the sale of property in bankruptcy or the execution of a death penalty.