Relief from Stay

[JanetW]

Hi-

I am a creditor in two bankruptcies. I filed a relief from the Automatic Stay to have property returned to me, and there was no opposition to the motion. I assumed that I did not have to attend the hearing and the order would be entered into automatically. However, the motion was denied (without prejudice). Do I have to file both of them again and start from the beginning?

The Hearing Date was March 25 and the parties had until March 18 to file an opposition.

Also, the Trustees from both BKs have filed their determinations. It turns out that although I am listed as a creditor on both bankruptcies my property is listed as an asset on only one of them. Do I have to file to lift the stay on Both BKs? (They involve the same people, just under different corporate headings).

Also - do I have to worry about their getting a discharge before I get my motion heard?

Thank you very much for your help. (I am very worried, obviously, and the court won't provide me with any information).

Janet

[JRScott]

You would have to file a lift of stay in order to get any property back prior to discharge that belonged to you.

I'm not certain of the procedure of how to refile or reinstate a motion to lift stay sorry, never dealt with that side

[dingdong]

Why didn't you go to the hearing?

Is that possibly why it was denied?

I am no expert in MFRFS and whether they rule on motions behind the scenes, but it seems like if you filed a motion and there was a hearing, that you would attend that heearing to back your position.

Doesn't it work similar to a civil hearing. If one party doesn't show up, there is an auto judgement for the party that does unless some other paper is filed?

If no parties show up, then I suppose the judge would deny the motion?



Don't know, but am curious.