What is a Motion to Vacate Stay?
A Motion to Vacate Stay is a formal request by one of your creditors to eliminate the protections of the Bankruptcy. When a Court grants this request, the stay is cancelled. Your creditors will then be able to enforce their claims & resume collection efforts against you in State Court. Motions for relief must be served on Debtor & Debtors Attorney. Do not ignore a Motion to Vacate Stay. If you do, the Court may grant the motion as unopposed. The most common reason for a Creditor to file a Motion to Vacate Stay is when the debtor becomes delinquent in post-petition outside of plan payments. In the case of a car loan, a motion may also be brought if the vehicle in question is not insured.
