Legal Question in Bankruptcy in Indiana

Re: What is Motion for relief, etc.

I take it from your question that you are an unsecured creditor of a debtor in bankruptcy. A secured creditor, the mortgagee of debtor's real estate, has filed a motion for relief from stay, presumably so they can get the bankruptcy court's permission to proceed with a foreclosure action (that's the "relief from automatic stay" usually asked for). The only reason an unsecured creditor would want to object to this motion is if there is an ample amount of equity in the real estate: more than enough to pay all the mortgages, all accrued interest, all back taxes and other liens, all attorney fees and costs of litigation, and the seven thousand dollar per owner exemptions on the real estate, and finally enough to pay the trustee's costs of administration and a substantial portion of the debtor's unsecured debt. It is almost never worth an unsecured creditor's time, expense and aggravation to oppose one of these motions, but that's a judgment you need to make for yourself. Good luck.