What is a motion to modify the automatic stay in Chapter 13 Bankruptcy?

A motion to modify the automatic stay in Chapter 13 Bankruptcy is a legal filing that requests for a modification, or change, to the “automatic stay” imposed by Chapter 13 of the US Bankruptcy Code. The automatic stay essentially puts a halt to any existing or pending legal proceedings against the debtor, such as collection activity, foreclosures, repossessions, and lawsuits, while the Bankruptcy case is pending. In Washington, a motion to modify the automatic stay can be filed by the debtor, a creditor, or the United States Trustee. It is typically filed in response to an emergency that requires a modification to the automatic stay. For example, a motion may be filed to lift the stay in order to allow a creditor to proceed with a foreclosure on the debtor’s property. When a motion is filed, the debtor and any creditors are notified and the court holds a hearing to consider the request for modification. If the court determines that the motion should be granted, the stay is modified to allow the creditor to proceed with its action. If the court denies the motion, then the automatic stay remains in full effect until the Bankruptcy case is completed. In summary, a motion to modify the automatic stay in Chapter 13 Bankruptcy is a legal filing requesting a change to the automatic stay imposed by Chapter 13 of the US Bankruptcy Code. The court reviews and makes a decision on the motion, either granting or denying the modification of the stay.

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What is a motion to modify the automatic stay in Chapter 13 Bankruptcy?

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