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Our law firm helps creditors file Motions for Relief from the Automatic Stay in bankruptcy cases filed in Orange County.
If someone that owes you money has filed a bankruptcy, any collection efforts that you want to take must halt. To proceed with collection efforts, you often need to file a motion with the Orange County bankruptcy court called "Motion for Relief from the Automatic Stay." Our attorneys can help you file this Motion in Los Angeles at a reasonable cost, and we will do the work from "A to Z" . Contact us to learn more!
or call: (310) 444-9444
What is a "Motion for Relief from the Automatic Stay"?
A Motion for Relief from the Automatic Stay is a Motion that gets filed whenever a Creditor seeks to proceed with collection efforts against a Debtor that has filed a bankruptcy. If the Court does not grant a creditor "relief from the automatic stay" (which is the goal of such Motion), the creditor cannot proceed with any further collection efforts. As such, it is imperative to find out if your situation entitles you to file a Motion for Relief from Stay, and if so, proceed with filing a Motion for Relief from Stay as soon as possible.
How To File a Motion for Relief from the Automatic Stay in Orange County?
Motions for Relief from the Automatic Stay are filed under 11 USC 362, which is the code section that deals with the "automatic stay". The automatic stay, as its name provides, is "automatic". Thus, when a bankruptcy is filed, the creditor must file a Motion for Relief from the Automatic Stay to proceed with collections actions. The creditor must obtain a court order granting relief from the Automatic Stay. This is true regardless of what type of action a creditor has already filed against the debtor in another court, or if the creditor has started (but not completed) taking action to repossess property of the debtor.The failure to get a Court order can result in the creditor having to defend against a sanctions motions.
The first step to file Motion for Relief from the Automatic Stay in Orange County is the preparation of the Motion and proposed Order. Provided that the law allows you to file a Motion, you can proceed with doing so. In Orange County, the applicable bankruptcy Court is in Santa Ana, CA.
Some Courts have a form Motion that can be used, and others do not. The motion has to be filed, and a hearing on the Motion has to be set (usually, the creditor can schedule the hearing independently - so long as it fits the Court's calendar. Oftentimes in Orange County, the Bankruptcy Court will post a "tentative ruling" prior to the hearing, and let all parties know how the Court intends to rule.
Further, there are deadlines for the debtor to file an Opposition for a Motion for Relief from the Automatic Stay. In Orange County, that deadline is 14 days prior to the hearing. Finally, the creditor will get to file a Reply to an Opposition (if any) no later than 7 days prior to the hearing.
Whether the Motion is granted on denied at the hearing, the Court will ask that someone (the creditor or debtor, depending on who is the prevailing party) upload the Court order. If the Motion is successful, once the Order is entered, the Creditor is free to commence, or resume, collection efforts.
The process of filing a Motion for Relief from the Automatic Stay can be time intensive, and involves various rules and laws that must be followed. To avoid the headache of dealing with such a Motion, you should consult with a creditor bankruptcy attorney.
We are a Law Firm You Can Trust to File Your Motion for Relief from the Automatic Stay in Orange County
Result-Driven
We provide results to creditors who face elimination or significant reduction of their claims in bankruptcy. We have successfully represented creditors in bankruptcy for years.
We are Experienced
We have appeared in hundreds of bankruptcy cases on behalf of creditors.
Attention to Cases and Clients
We only take on a selected amount of cases so that we can ensure that each case gets the attention it deserves.
Competitive Pricing
Our rates are some of the most competitive rates among experienced attorneys representing creditors in bankruptcy.
Who Often Needs to File a Motion for Relief from the Automatic Stay?
Call us at (310) 444-9444
What Our Previous Clients Have to Say
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It was really great working with Katz Law and having them on my side when I needed professional legal help and advice. They are kind, patient, and incredibly knowledgeable in his field. They give you their honest opinion about your case and he clearly lays out your options so you can choose for yourself how you want to go about your case. It's so important having someone that truly has your best interest in mind and I definitely felt that with Katz Law.
- Dori S.
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I had an amazing experience with Katz Law representing me. A true professional. Strong work ethic's. Returned my emails within 10 minutes. Perfectionist, professional, Truly cares about their clients. I am 100% satisfied.
- David R.
Who Are We?
Lior Katz, Esq. is our founder and managing attorney of Katz Law. He has personally worked on hundreds of Motions for Relief from the Automatic Stay, and specializes in representing creditors in bankruptcy. Lior has years of experience in representing secured creditors in all aspects of bankruptcy and is always willing to get on the phone with clients and discuss creative solutions.
LIOR KATZ, ESq.
Managing Attorney
Book a Consultation With an Attorney
We provide FREE, no obligation 15-minute phone consultations with an attorney where we will learn about your cases, provide a potential solution, and quote you the expected cost.
or call us at (310) 444-9444
Katz Law, APC
5850 Canoga Avenue, Suite 400, Woodland Hills, CA 91367
11620 Wilshire Blvd., Suite 900, Los Angeles, CA 90025