Why Creditors Request Relief from the Automatic Stay
Filing bankruptcy stops creditors' collections against you immediately. But sometimes a creditor tries to get permission to collect anyway.
Challenging the Automatic Stay
A creditor might want to pay a claim through your insurance, or finish a lawsuit to establish that you got the debt through fraud.
A Creditor’s Challenge to the Automatic Stay to Pursue a Lawsuit
A creditor may ask the bankruptcy court to let another court finish a lawsuit about liability and/or the amount of damages.
The Residential Lease Exception to the Automatic Stay
Filing bankruptcy can stop an eviction, unless the landlord has already gotten a judgment of possession. Don't wait--timing is crucial.
“Adequate Protection”
To keep possession of your property that is collateral on a secured debt, you need to give the creditor "adequate protection."
Creditors Ask for Relief from Stay
A creditor might want to pursue your co-debtor, protect itself from violating the stay, or take some other action other than collect money.
Reasons Creditors Ask for Relief from the Automatic Stay
A creditor might ask to pursue an insurance-paid claim or to finish a lawsuit determining if you incurred the debt through fraud.
Creditors Asking for Relief from Stay NOT to Pursue Collateral
Creditors sometimes have good reasons to ask for permission to finish resolving an ongoing dispute outside of bankruptcy court.