TRY ME!
Bankruptcy Stay And Appeals
Summary
The automatic stay under 11 U.S.C. § 362 generally applies to all judicial proceedings, including appeals, in Massachusetts. After filing a suggestion of bankruptcy, it is advisable to file a request for clarification to ensure actions related to the appeals court order are stayed. This request can also serve as a status update, informing the court and other parties of the bankruptcy status and the automatic stay.Full Conversation
after filing a suggestion of bankruptcy should I file a request for clarification that certain actions related to the order of the appeals court order are stayed
Yes, after filing a suggestion of bankruptcy, it might be beneficial to file a request for clarification to ensure certain actions related to the appeals court order are stayed. This can help prevent any confusion or unintended violations of the automatic stay.
Would you like help with the process of filing this request?
Would you like help with the process of filing this request?
could that also be a status update
It sounds like you want to know if filing a request for clarification can also serve as a status update in your case. Yes, filing such a request can inform the court and other parties of the current status of the bankruptcy and the automatic stay, thereby serving as a status update.
Is there anything else you need assistance with regarding this process?
Is there anything else you need assistance with regarding this process?
is filing a suggestion of bankruptcy different from filing a motion to saty appeal
Case Rating: *
Filing a suggestion of bankruptcy and a motion to stay an appeal are indeed different:
- Suggestion of Bankruptcy: Notifies the court of the debtor's bankruptcy filing, initiating an automatic stay.
- Motion to Stay Appeal: Specifically requests the court to halt an appeal process, often due to circumstances like bankruptcy.
Do you need further details on how to file either of these documents?
Filing a suggestion of bankruptcy and a motion to stay an appeal are indeed different:
- Suggestion of Bankruptcy: Notifies the court of the debtor's bankruptcy filing, initiating an automatic stay.
- Motion to Stay Appeal: Specifically requests the court to halt an appeal process, often due to circumstances like bankruptcy.
Do you need further details on how to file either of these documents?
how are they different, if bankruptcy imposes an automatic stay how is the explaining circumstance of appeal in the motion to stay different
Case Rating: *
The automatic stay under * U.S.C. § * automatically halts most legal proceedings upon filing for bankruptcy. However, a Motion to Stay Appeal is a formal request that specifically addresses halting an appeal. This motion can explain particular circumstances or reasons to ensure the appeal is paused.
Would you like more details on how to file a Motion to Stay Appeal or the specific steps involved?
The automatic stay under * U.S.C. § * automatically halts most legal proceedings upon filing for bankruptcy. However, a Motion to Stay Appeal is a formal request that specifically addresses halting an appeal. This motion can explain particular circumstances or reasons to ensure the appeal is paused.
Would you like more details on how to file a Motion to Stay Appeal or the specific steps involved?
* entities claim to have right to foreclose my mortgage, trustee for the securitized trust and the servicer to manages the account on the behalf of the trust. If ifile bankruptcy * should I list both as creditors
Case Rating: *
Yes, in your Chapter * bankruptcy filing, you should list both entities as creditors. This ensures that all parties claiming an interest in your mortgage are notified and that your bankruptcy plan addresses their claims appropriately.
Is there anything else you need assistance with regarding your bankruptcy filing?
Yes, in your Chapter * bankruptcy filing, you should list both entities as creditors. This ensures that all parties claiming an interest in your mortgage are notified and that your bankruptcy plan addresses their claims appropriately.
Is there anything else you need assistance with regarding your bankruptcy filing?
I assume that both will have to submit a proof of claim
Case Rating: *
Yes, both entities claiming a right to foreclose on your mortgage should submit a proof of claim in your Chapter * bankruptcy case. This will ensure all claims are properly addressed in your repayment plan.
Do you have any other questions regarding your bankruptcy process?
Yes, both entities claiming a right to foreclose on your mortgage should submit a proof of claim in your Chapter * bankruptcy case. This will ensure all claims are properly addressed in your repayment plan.
Do you have any other questions regarding your bankruptcy process?
what if one of those entities is authorized by the other to represent them in the foreclosure matters
Case Rating: *
If one entity is authorized to represent the other in foreclosure matters:
- Typically, only one proof of claim may be filed on behalf of both entities.
- Ensure the claim is clear about the authorization and relationship between the entities.
- It is crucial to verify this representation to avoid any confusion or duplicate claims.
Would you like more detailed guidance on this issue?
If one entity is authorized to represent the other in foreclosure matters:
- Typically, only one proof of claim may be filed on behalf of both entities.
- Ensure the claim is clear about the authorization and relationship between the entities.
- It is crucial to verify this representation to avoid any confusion or duplicate claims.
Would you like more detailed guidance on this issue?
Start a new chat