How do you obtain relief from an automatic stay?
Of course, an automatic stay arises in the connection with the filing of a bankruptcy. Relief from automatic stay is obtained by the filing of a motion seeking such relief. Usually a hearing is require on the motion.
In some circumstances, such as in a Chapter 7 case, a hearing is not required on the motion. Of course, if the motion is granted, a proposed order and proper form must be presented to the court for entry to officially obtain relief from automatic stay.
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