Legal Question in Civil Litigation in California

Re: motion to lift an automatic stay

It depends upon what chapter you filed under and the grounds the creditor cites for relief from stay. A common ground is that the creditor is a secured creditor and has not been paid. An example is where you are behind on your home loan payments and the lender wants relief from stay to start or continue with a foreclosure. If you are in chapter 7, the lender will likely prevail unless you can show that you have made all the payments. If you are in chapter 13, you would have to show that you have equity and that you have an approved plan to catch up the past due payments, or it is likely the court will lift the stay.