What is a motion for relief from stay? It is when a creditor or someone seeking to continue an action outside of your bankruptcy case files a motion for relief from stay. Usually, the creditor is seeking to foreclose on your property, sell it and apply the proceeds to the debt you owe them. The motions are usually filed in cases where there is no value in the property for the bankruptcy trustee to administer that exceeds valid liens and claims of exemption.

If you decide you wish to object to a motion for relief from stay, you are required to do so in writing. You must file your objection with the court on or prior to the objection date listed in the notice sent to you and you must appear at the preliminary hearing scheduled in that notice. Do not just appear on the date of the hearing to state your objection, you must file an objection or the hearing will not be held and relief will be granted. If a motion for relief from stay is filed in your case, it would be wise to contact a bankruptcy attorney.

If you live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, or Golden, Colorado, and do have any questions please feel free to contact me.   Kevin D. Heupel,  Colorado Bankruptcy lawyer,   303-955-7570,     Colorado Bankruptcy Help Email, personal bankruptcy free-consultation form.