Atlanta, Georgia Chapter 7 Motion for Relief or Motion to Lift Stay

If you own a house and filed Chapter 7 in Georgia, you may receive what is called a Motion for Relief or a Motion to Lift Stay from their mortgage company that includes a hearing date. The motion usually states that you are behind on your house payments and asks the court to allow the bankruptcy stay to be “lifted.” The mortgage company is basically asking the bankruptcy court to remove the bankruptcy protection from your property so that it may proceed with foreclosure or other collections. If you already decided that you were going to surrender your house, then you do not have to do anything and do not even need to attend the hearing. At the motion for relief hearing, the court will automatically grant the mortgage company’s motion and issue an order allowing the mortgage company to proceed with its foreclosure. After the mortgage company receives the order, it must comply with the notice and advertising requirements for foreclosure in Georgia. Thus, if you are still living in your home, you probably have a few months before you have to move due to the foreclosure. If you wish to remain in the home long-term and want to oppose the mortgage company’s motion for relief, there are not many things you can do other than show the court that you are current on the payments.

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Donna

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Shernita

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I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.

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