Legal Question in Bankruptcy in California

I recently filed for banckruptcy & today I received, in the mail, an ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY. What is this document & how does it affect my bankruptcy? It indicates that the motion is granted under 11 U.S.C. 362(d)(1) & (d)(2) What is this significance of this document and what does it me for me?


Asked on 8/16/10, 5:26 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

This would be a great question to ask the attorney who is handling your bankruptcy, but apparently you thought you could do it yourself. One of your creditors --read the notice -- filed a motion so that they can continue collection activities, most probably to repossess your car or foreclose on your home. Apparently you blew off the motion and didn't file opposition or appear in court, so your asset will now be repossessed or foreclosed on.

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Answered on 8/21/10, 5:33 pm
Tony Carballo Carballo Law Offices

It basically means the bankruptcy no longer protects you from action by the creditor such as a repossession of a car or a foreclosure of real property.

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Answered on 8/21/10, 5:46 pm


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