Legal Question in Real Estate Law in California

Motion filed to life stay in bankruptcy

If a motion is filed in regard to a property, does the attorney filing it have any responsibilty to notify the owner of the subject property? This is a case where the ruling would have significant impact, if it were granted.


Asked on 12/13/08, 11:53 pm

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

Re: Motion filed to life stay in bankruptcy

A motion for relief from the automatic stay is served on the debtor, who is normally the mortgage holder. Debtor's attorneys receives these kinds of notices electronically. If you tried filing bankruptcy acting as your own lawyer in order to attempt to save the property, you were not successful, odds are the motion will be granted and you will lose the property. If you are not a party to the bankruptcy case, you can look the case up on the PACER system and read the imaged case documents.

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Answered on 12/14/08, 12:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Motion filed to life stay in bankruptcy

Mr. Stone's answer is correct, except that I think he may have made an inadvertent mistake in saying that the debtor is usually the mortgage holder. I think he meant to say that the debtor is usually the mortgagor (the borrower). The mortgage holder would be the creditor, not the debtor.

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Answered on 12/14/08, 3:03 pm


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