Legal Question in Bankruptcy in California
Order granting motion for relief from the automatic stay
My dad filed bankruptcy under chapter 7, and he recently got a letter from the court. I don't understand wht the letter means. Does anyone know what it means to have ''stay of 11 U.S.C. 362 a termianted as to debtor and debtor's bankruptcy estate''?
3 Answers from Attorneys
Re: Order granting motion for relief from the automatic stay
That means he doesn't have the automatic stay relief filing a bankruptcy normally allows. If you want to e-mail me the case number directly for guidance, perhaps I can give you a better explanation.
Re: Order granting motion for relief from the automatic stay
Yes this means that the creditor has asked the court to lift the protections afforded a creditor under bankruptcy law, so the creditor can pursue and litigate the collection matter in a state court. Your dad needs a lawyer.
Re: Order granting motion for relief from the automatic stay
The automatic stay has been lifted with respect to that creditor; but it may not be to pursue a state court action ... it may be to simply proceed with a repo of a car or a foreclosure.
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