What do Debtors File to Have the Stay Imposed or Continued?
In some situations the Automatic Stay does not protect a debtor from all creditors, or it only applies for 30 days after the bankruptcy case is filed. In these situations a debtor must file a Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay if a debtor wants the Automatic Stay to protect the debtor. A fee is required to file this motion. As this type of motion must be heard by the judge quickly after a bankruptcy case is filed, it is highly recommended to consult a bankruptcy attorney before a bankruptcy case is filed.
Related Questions
- I am a stay at home mother and have become ill; I worked a long time ago; can I file for Social Security Disability Benefits?
- Once a continued stay review is certified, will the same case ever be selected for retrospective post-payment review?
- When are hospitals supposed to submit clinical information for continued stay reviews?