Friday, December 17, 2010

What is the importance of the protection of bankruptcy ...

Creditor protection is one of the main advantages of a single bankruptcy. ... .This prevents creditors at bay, if the debtor the opportunity to get back on its feet financially. ... .The violation of the automatic stay may mean that the creditor must seek damages for the debtor to collect a debt, then pay it should not. ... .ProtectionBankruptcy creditor protection is a term used to describe the automatic stay in bankruptcy. ... .The automatic stay is a hold on all collection activities against the debtor or the estate taken. ... .This allows creditors to be able to institute proceedings against a debtor file to take the property back into possession or even send collection letters to someone who has filed bankruptcy.Does ApplyThe No automatic stay does not apply to everyone. Complaints. ... .For example, suits to establish paternity, child custody and visitation, domestic violence and bathing can continue. ... .Divorce may be continued, but only insofar as they contain no property settlement or agreement because the bankruptcy court would have to approve everything distribution.Lifting StayCreditors have the opportunity to ask the court. To lift the bankruptcy protection, so that it can continue. .Collection activities, such as the return of property or a house to foreclosure. ... .If it is clear that the debtor does not retain a position in his own home, or should not be allowed, the court can sue a creditor of the property. ... .Ask the Court to lift the stay, a creditor files a motion to waive is of the automatic stay.Answering a request to the debtor Staya a number of days to a motion against. Lift the stay is usually 15-0 .20 ... .If no objection, the judge immediately sided with the creditors and sign to lift the suspension. ... .However, if the debtor files an objection to the motion, it is noted on the motion to the many conflicts remain hearing.Hearing StayAlthough lift to lift the automatic can be settled before trial, some go all. Way before the judge .. ... .If so, each party shall have the opportunity to explain why the protection of creditors is to be removed or retained. ... .After the hearing, the judge will decide which deserve more argument ....

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