Legal Question in Bankruptcy in California

My lender filed a relief of stay. What is this? How many days do I have to respond?


Asked on 8/20/12, 7:16 pm

2 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

The Proper Answer The responsed date is right on the paper work you received. You probably need an attorney to file an effective response.

Call after you review our website.

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Answered on 8/21/12, 12:11 am
Carl Starrett Law Offices of Carl H. Starrett II

If you are behind on your mortgage, the lender is asking the court for permission to continued the foreclosure process rather than waiting until the end of your bankruptcy.

If you wish to oppose the motion, you have 14 days from the date they mailed the motion to you to file a response with the court. You'll need to call the judge's courtroom deputy to get a hearing date and you need to mail notice of the hearing to the attorneys for the lender.

You'll need to file more than just the notice of hearing and the court has optional forms on its website to use for opposing the motion. This can be difficult to do without the assistance of an attorney, so you should seek competent legal counsel as soon as possible.

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Answered on 8/21/12, 7:27 am


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