When an individual or entity files for bankruptcy, a provision called the automatic stay gets activated. This provision stops most creditor actions such as debt collection, lawsuits, and foreclosure proceedings. A motion to lift the automatic stay is a legal request made in the context of bankruptcy proceedings.
SOME COMMON REASONS
– Inadequate Protection: The creditor may feel that the automatic stay isn’t enough to protect its interests and wants to be able to go after collateral.
– Lack of Equity: If the debtor’s property isn’t needed to help with the reorganization and there’s no equity, a creditor may seek to lift the stay.
– No Feasible Reorganization: Creditors may argue that there’s no chance of the debtor being able to successfully reorganize and that lifting the stay will allow them to start taking collection actions.
– Bad Faith Filing: If the creditor thinks that the bankruptcy filing was done in bad faith, such as an attempt to delay creditors without a good reason, they may seek to lift the stay.
– Non-Bankruptcy Court Proceedings: If there are other court cases going on that deal with the same issues, a party may want to lift the stay to keep those cases going.
If a creditor wants to lift the automatic stay, they need to send a written request to the bankruptcy court explaining why they want the stay lifted. The debtor and anyone else involved in the case can respond to the request, and the court will hold a hearing to consider all the arguments.
