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Frequently Asked Questions

Return to top 8. How do I file a Motion for Relief From Stay?

U.S. Bankruptcy Court - District of Colorado - FAQs
You must file a motion stating grounds for relief from stay under 11 U.S.C. ?362, pursuant to Federal Rules of Bankruptcy Procedure 4001 and Local Bankruptcy Rule 401. A $150 filing fee must accompany the motion. Obtaining the assistance of an attorney is strongly recommended. Businesses or other entities, other than a sole proprietorship, must retain counsel to file a motion for relief from stay.

Return to top 26. What is a Motion for Relief From Stay?

U.S. Bankruptcy Court - District of Colorado - FAQs
Under certain circumstances, a creditor or a party seeking to continue an action outside of the bankruptcy will file a motion for relief from stay. Typically, the creditor is seeking to foreclose on property, sell it and apply the proceeds to the debt. The motions are most common in cases where there is no value in the property for the bankruptcy trustee to administer in excess of valid liens and claims of exemption.

How do I file for Relief from the Automatic Stay?

NVB-FAQ
In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay. A Motion for Relief from the Automatic Stay is commenced by the filing of a motion.

Return to top 11. What is a motion?

U.S. Bankruptcy Court - District of Colorado - FAQs
A motion is a written statement in which a party requests action by the Court. The motion sets forth the request, and the grounds for the request. The rules about filing different kinds of motions, and the time limits and notice requirements, are complex. Therefore, you are strongly urged to consult a bankruptcy attorney.

Return to top 8. How can I get information about a case?

U.S. Bankruptcy Court - District of Colorado - FAQs
If you have access to a computer with internet access, you can get access to the Court's electronic records through PACER. In order to use PACER, you must open a PACER account. You can do that by calling (800) 676-6856 or (210) 301-6440 to get a registration form, or you can apply online at http://pacer.psc.uscourts.gov/register.html. It takes about a week to receive your login and password from the PACER service center.

Return to top 20. What is an Automatic Stay?

U.S. Bankruptcy Court - District of Colorado - FAQs
The automatic stay prohibits most actions to collect money or property from the debtor. The automatic stay goes into effect at the start of a bankruptcy case and continues as to the debtor's property until the property is either no longer property of the estate; or as to the debtor, it continues until the case is closed or dismissed and the debtor is either granted or denied a discharge.

Return to top 8. What documents do I need to submit to file bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
The following documents, most of which are available at the Court for a small fee or from www.cob.uscourts.gov under the Forms section, must be filed in all bankruptcies filed on and after October 17, 2005. Additional documents may be necessary depending upon your chapter and your individual situation. Please consult with your attorney.

How do I select more than one relief when filing a motion?

Frequently Asked Questions
Click and highlight the first relief. Hold the "Ctrl" key down on your keyboard and click on any subsequent reliefs with your mouse. Each will be highlighted in blue. See figure 1. Hold the "Ctrl" key down on your keyboard and click on each of the parties filing the document. Each party should be highlighted in blue. The PDF file has password protections or digital signatures. The ECF system does not accept PDF documents with these features.

WHAT RELIEF CAN BE EXPECTED IF I FILE FOR BANKRUPTCY?

LAMB - FAQ - Frequently Asked Questions
A fundamental goal of the federal bankruptcy laws is to give debtors a financial "fresh start" from burdensome debts. This is accomplished through the discharge in bankruptcy, which releases debtors from personal liability for specific debts and prohibits creditors from ever taking action against the debtor to collect those debts.

Return to top 4. Who can file bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
A person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trusts cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney. However, the bankruptcy process is extremely complex, and individuals are strongly encouraged to seek competent bankruptcy counsel. If a person or the entity who owes the money, called the debtor, starts the bankruptcy, it is called a voluntary bankruptcy.

Why do I have to file a return, if I am due only a small refund?

Virginia Department of Taxation
Virginia law requires that you file an individual income tax return if your Virginia adjusted gross income is over the minimum filing threshold. Unless you file a return, we have no way of knowing whether you owe tax, which could result in you receiving a nonfiler notice.

Are section 8 only entities required to file electronically to REAC?

Financial Assessment of Public Housing Agencies - FAQs - HUD
All section 8 only entities are required to file the unaudited and audited financial information to REAC as required by the Uniform Financial Reporting Standards rule.

How do I file an emergency motion?

Court of Appeals: FAQ's
emergency motion, captioned as such, is filed with clerk of the appellate court in Room 145 of the Lakeside County Courthouse. Personnel at the court of appeals will notify you of the appellate courts decision.

Can I file more than one motion in a case simultaneously?

e-filing Frequently Asked Question
No. In general, each motion must be treated as a separate transaction. Each filing will generate a confirmation screen that contains the date and time of the transaction as well as the date and time of filing. You may then return to the same case to file additional motions without logging out of the system. The exception to this general rule is the filing of a multi-request document in connection with a foreclosure by sale.

Do I have to file a motion to use your services?

Utah Co-Parenting Mediation Program
Parties can participate in the Co-Parenting Mediation Program by either filing a motion alleging problems, concerns, or non-compliance with the court-ordered parent-time order, OR by mutual agreement. The Judge or Commissioner can also order the parties to mediation during a court hearing. If the parties wish to attempt mediation without filing a motion, they must contact the Program and request services.

What is a bail remission motion and how do I file one?

NY County - Supreme Criminal Term, 1st JD
A bail remission motion is a request for a refund of bail money that was forfeited. Application must be made within one (1) year from date of forfeiture before the Administrative Judge of Supreme Court, New County. In all applications for the remission of bail forfeitures, please be advised of the All applications for the remission of bail will be litigated. The court will not consider any papers until the District Attorney's Office has had an opportunity to respond.
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