Legal Question in Bankruptcy in New York

Re: Motion Relief from Stay

The answer is generally NO, unless there is an understanding to do so. All attorneys should have a written retainer agreement that spells out what the fee includes and what the fee does not include.

You also do not indicate whether you would want your attorney to appear. For example, if you are planning to surrender a secured asset, then there is certainly no reason for you or your attorney to appear.

You also do not indicate whether the case is Chapter 7 or Chapter 13. Generally, counsel anticipates when a creditor will file a motion to lift the stay in a Chapter 7 case, and most of the time there is no reason to object.

On the other hand, if the creditor is seeking to lift the stay in a Chapter 13 case because you failed to pay the mortgage post-petition, then in almost all cases, your attorney's obligation to appear would be dependant upon your retaining him post-petition to do that.

For more information about bankruptcy, see my bankruptcy blog:

www.LongIslandBankruptcyBlog.com