Massachusetts Bankruptcy And Debt Collection

Summary

In Massachusetts, only one execution for possession is typically issued to a creditor following a judgment. Bankruptcy filing triggers an automatic stay, halting most collection actions. Creditors must file a proof of claim to participate in bankruptcy distribution and provide documentation when requesting relief from the stay. The bankruptcy court can determine the status of a secured claim, even if previously addressed by a lower court, but requires proper documentation to make decisions. Consult a Massachusetts bankruptcy attorney for personalized advice.

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An execution for possession was issued. I filed bankruptcy but they stay was relieved without the claimant, who turns out to be a debt collector, filing a proof of claim.
It sounds like you're dealing with a complex issue involving bankruptcy and an execution for possession. In Connecticut, once a bankruptcy is filed, an automatic stay generally halts collection efforts. However, creditors can request relief from this stay.
- Automatic Stay: Bankruptcy filing usually triggers an automatic stay stopping most collection actions.
- Relief from Stay: Creditors can request the court to lift the stay, allowing them to continue with collection efforts.
- Proof of Claim: Creditors must file a proof of claim to participate in any distribution from the bankruptcy estate.
Did the debt collector provide any reason for the relief from the stay?
In Massachusetts they claimed that the issue was decided in the lower courts and did not provide any evidence of ownership of the promissory note or any other required document
It seems like you're dealing with a complex intersection of bankruptcy and debt collection laws. In Connecticut:
- Automatic Stay: Filing for bankruptcy creates an automatic stay on most collection actions.
- Relief from Stay: Creditors must request relief from the court to continue actions.
- Proof of Claim: Required for a creditor to claim against the bankruptcy estate.
Did the creditor provide any documentation or evidence when they requested relief from the stay?
No they did not
It looks like the creditor may not have followed proper procedures. In Connecticut:
- Automatic Stay: Filing for bankruptcy stops most collection actions.
- Documentation: Creditors must provide proper evidence when requesting relief from the stay.
You may want to consult with a bankruptcy attorney to explore options. Did the court provide any explanation for granting the relief from the stay?
They mentioned a colorable claim without determining if there was a secure debt or providing any additional information.
It sounds like the creditor may not have followed proper procedures, and the court's decision might be questionable. You could benefit from consulting a bankruptcy attorney to review the specifics of your case and possibly challenge the relief from the stay.
Would you like more information on how to find a bankruptcy attorney in Connecticut?
This occurred in Massachusetts
It seems your issue involves Massachusetts law and not Connecticut. Here’s some relevant information:
- Automatic Stay: Stops most collection actions upon filing bankruptcy.
- Relief from Stay: Creditors must request relief to continue actions.
- Proof of Claim: Required to participate in bankruptcy distribution.
- Documentation: Necessary for creditors when requesting relief.
You may benefit from consulting a bankruptcy attorney in Massachusetts to challenge the relief from the stay. Would you like more information on finding a bankruptcy attorney in Massachusetts?
In federal bankruptcy court can the judge send a case involving relief of stay, without having been provided a proof of claim, back to the state court instead of referring it to the District Court
In federal bankruptcy court, a judge can send a matter back to state court or abstain from hearing it under certain conditions, such as if it's more appropriate for state court or if it involves state law issues.
Would you like more information on how to find a bankruptcy attorney in Massachusetts?
Doesn't the bankruptcy court have the sole responsibility of determining whether there is a secure claim regardless of what was decided in the lower court.?
The bankruptcy court does have the authority to determine the status of a secured claim, even if it was previously addressed by a lower court. However, this authority can be influenced by various factors, such as prior rulings and documentation presented.
Would you like more information on how to consult with a bankruptcy attorney in Connecticut or Massachusetts?
Can he make that decision without any other documentation being presented?
In federal bankruptcy court, judges need proper documentation to make decisions regarding secured claims. Without evidence, it may be challenging for a judge to rule fairly. It's advisable to consult an attorney to review your case specifics.
Would you like more information on finding a bankruptcy attorney in Massachusetts?