Stay Relief Motions in Very Young Chapter 13 Cases

[switch625]

I've been curious about this since I filed BK... I sometimes go to my BK courts website to check out the 341 meeting and BK judge calendars, and I'm stunned by how many stay relief motions on morgages I see filed in very young ch 13 BK cases. This morning, I've seen a handful with 2015 case numbers, which I assume are pre-confirmation since we are only two months into 2015 and maybe even pre 341? How does this ever happen?

[LadyInTheRed]

The mortgages are in default and the plans do not adequately provide for them. The creditor wants to move forward with foreclosure, so they file the motion.

[magic13]

There are also less mortgages in default , less foreclosures , less bankrupcties and many attorneys with less caseloads

[justbroke]

This morning, I've seen a handful with 2015 case numbers, which I assume are pre-confirmation since we are only two months into 2015 and maybe even pre 341? How does this ever happen?

This is quite normal. As LITR explains, this is entire about adequate protection (and/or the Plan treatment is to surrender the property/claim or the Plan does not provide for treatment of the property/claim).