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In United States bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, [1] the stay begins at the moment the bankruptcy petition is filed.
One example is a motion to rule a defendant is not responding to summons (to rule against the defendant automatically). Another example is a defendant's motion to object to the summons. Motions require both sides to be present. A notice of hearing must be delivered to all parties concerning: the court clerk, the plaintiff, and the defendant ...
Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1] For example, if a party requests that the court find another party in contempt of an existing court order, the judge will typically issue an "Order to Show Cause Re Contempt" to the ...
The court could dismiss your case or change it to Chapter 7 if you’re late on your Chapter 13 payment. ... your lawyer may be able to help you file a motion to reduce your monthly payment ...
Title I of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98–353, created a new bankruptcy judicial system in which the role of the district court was substantially increased. 28 U.S.C. §1334 confers on the United States district courts original and exclusive jurisdiction over all cases under title 11 of the United ...
The new notice provisions require the debtor to give notice of the bankruptcy to the creditor at an "address filed by the creditor with the court," or "at an address stated in two communications from the creditor to the debtor within 90 days of the filing of the bankruptcy case. The notice must also include the account number used by the ...
Alex Jones arrives at federal court for a hearing in front of a bankruptcy judge in Houston on June 14. ... filed an emergency motion to disqualify the winning bid of The Onion’s parent company ...
The Federal Rules of Bankruptcy Procedure (FRBP) govern procedure in the U.S. bankruptcy courts. Decisions of the bankruptcy courts are not collected and published in an official reporter produced by the government. Instead, the de facto official source for opinions of the bankruptcy courts is West's Bankruptcy Reporter, published privately by ...