Relief From Stay Motion???

[tyson24]

Chase filed for relief from stay on December 30, 2010. I am discharged on January 3- 7th sometime. The hearing for relief is January 13th, 2010.

I don't get it?? Why would they bother to file if the stay will be over before their hearing even commences?

[despritfreya]

Two reasons:

1. While you are scheduled to get a Discharge next week - and presumably no one will oppose it, it could take the Clerk additional time to enter it.

2. Your Discharge does not remove the property from the bk estate unless the Trustee has already abandoned it. Look at the Motion. Not only are you named but so is the Trustee. Without the granting of the relief requested the property will not be removed from the estate until the Trustee abandons it, which could take a bit of time depending if you are an asset case or a no asset case.

Des.

[HHM]

Desp is right on the money.

I assume you are giving up the house so this should not be a surprise. The cynical reason (which is pretty much the case) the law firm representing the bank is churning fees. In reality, the Motion provides the bank the necessary protection to proceed with foreclosure. The assets of the estate do not vest back to the debtor until the case closes; so the creditor is making sure this happens as to the house sooner rather than later.

[tcreegan]

Hi tyson,

Another likely reason is that a motion to lift stay is a "knee-jerk reaction" for Chase. Just something they always do, needed or not.

Although I like HMH's answer; follow the money...attorneys get paid for filing motions, and I am sure Chase pays well.

So far, so good on your case, hope it is smooth sailing to discharge!

Tom in Colo

[tyson24]

I am a no asset case and got my report of no distribution. That means he abandoned the assets right?

I am just wondering if my case will be discharged as planned or if the fact that Chase's hearing isn't until the 13th prolongs my discharge until that is over?

[tyson24]

Anyone? Will this hold up my discharge?

[tcreegan]

Hi tyson,

No, the hearing on the motion to lift stay is not supposed to delay your discharge.

But if your discharge doesn't show up on day 61, don't fret. That is still the last day for creditor objections, the time until the discharge actually gets enters seems to vary court to court, case to case...

Tom in Colo