310.376.9864
Los Angeles Bankruptcy Attorney
Upon filing a bankruptcy triggers a restraining order which prohibits most creditors from making any collection efforts against the debtor, with a few exceptions.
Therefore, if you have not been making your house payments or car payments, the creditor cannot just show up and take your car because you have filed bankruptcy.
Before the creditor can take any legal action to regain possession of your house or car, he must file a Motion with the Court, a Motion for Relief From Stay, which would terminate the restraining order against them.
Problems for the wary:
1.) Failed to file Opposition to the Motion. There were a fair number of people who showed up to court without having filed an Opposition, therefore the Judge was unable to hear there side of the matter.
2.) Failed to file Opposition to the Motion, and arguing to the Court, the lender refused to accept payments. The Court noted the debtor had failed to make any payments over the past 12 months, and didn’t think the lender was required to accept tender of the house payments any longer.
3.) Filed a Motion to Convert from Chapter 7 to Chapter 13, and failed to file any Opposition. The Motion to Convert was not an acceptable replacement for an Opposition.
If you are representing yourself, this is one of those situations where you really want to obtain a minimal amount of advise to prepare yourself for court.
A Debt Relief Agency
- Law Offices MJ Mann Bankruptcy Attorney
- 2706 Artesia Blvd, Suite BK
- Redondo Beach, CA 90278
- 310.376.9865
