Motion to Lift the Automatic Stay

An application to the bankruptcy judge by a creditor for permission to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.  Most typically, a finance company or mortgage company will file this motion against a Chapter 7 debtor to seek repossession of an automobile or proceed with a foreclosure upon the debtor’s home.  If there is equity in the collateral and the collateral is insured, the court should deny the motion.

>> Back to Bankruptcy Glossary

Client Reviews
★★★★★
I was provided with a free consultation and was given great advice. I would definitely recommend Chip Parker to anyone who needs assistance with financial law. Meagan
★★★★★
Chip's law firm helped me through the bankruptcy process with ease. The staff was always willing to answer questions and ensured that their answers were provided in a timely manner. A great firm to represent you. Kevin
★★★★★
Mr. Parker and Mr. DuFresne along with their staff went the full mile to help my wife and I through some tough financial difficulties. They take great pride in doing what thy do and I would recommend them to anyone. Robert
★★★★★
Chip Parker autographs his work with excellence. Finding an attorney with real integrity in today's world of law is not an easy task. Chip believes in balancing the scale of Justice and removes the blind fold so the injustices are clearly seen. Thanks for all the good you and your firm achieve. Joy
★★★★★
I took a very complex problem to Chip, and he spent a generous amount of time outlining specific options. Chip has an amazing ability to grasp the important issues and quickly narrow down the key points. He is the best person to have on your side. Phenie