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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