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Lift of stay?

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kdowd771

Member
What is the name of your state? Texas
Does anyone know how long it NORMALLY takes to get a "Stay" lifted? I had paperwork filed requesting the stay be lifted back on 7/16. Was told it would take 20 days.
Does anyone have a better date?
 


I AM ALWAYS LIABLE

Senior Member
kdowd771 said:
What is the name of your state? Texas
Does anyone know how long it NORMALLY takes to get a "Stay" lifted? I had paperwork filed requesting the stay be lifted back on 7/16. Was told it would take 20 days.
Does anyone have a better date?


My response:

What do you mean by "better date"?

Okay, I bid 19 days. And I call.

IAAL
 

kdowd771

Member
Ok I should have been more specific. The Bk lawyer said 20 days. Has anyone filed a lift of stay before?
How long did it take?
 
H

HopHeyHopHey

Guest
Once you file a Lift of Stay in Texas the Debtors have 20 days to file a response. Depending on the division you are filing in (i.e. Northern, Southern, Western or Eastern) depends on if and when a hearing is set.
In some divisions a hearing is set no matter if a response is filed to your motion or not. In this case you must appear at the hearing and give them the order lifting stay.
In other divisions if no response is filed the stay is lifted once the judge decides to enter the order.
It all depends what part of Texas you are in.
I know for sure that on Southern and Northern Texas you must appear at the hearing and submit the order.
 

kdowd771

Member
I am in the Northern district of Texas for my BK. Lift of stay was filed, according to my BK lawyer, on July 17th. She said there was a 20 day waiting period from then before the judge would sign the order.
I am still waiting for the order so my divorce can go through. Everything is being held up by the lack of a order lifting the stay.

1. Is there anyway of calling the clerks office for the judge and finding out what the hold up is?
2. You mention that in Northern Texas they will have a hearing. This is the first I have heard of this. Is this normal? BK lawyer never said a word about a hearing to get the stay lifted.


:confused:
 
Our petition for relief was filed 7 May; hearing scheduled 4 June...judge granted motion and the signed order was filed 13 June. We are in the Western District.

At our hearing, our attorney made our request and the judge actually asked us questions. As expected, our tenants' attorney made excuses and tried to baffle the judge with BS. We tried to hide our joy when the judge 'spanked' their lawyer for not properly following procedure and lectured our tenants on personal responsibility. :)

I would call your attorney and/or the BK clerk and inquire about your hearing date. You don't want to be a no-show.
 
H

HopHeyHopHey

Guest
If you aren't going to respond to the lift of stay and you want them to take your car you don't need to appear at the hearing that is set.
The 20 day waiting period is the waiting period your attorney has to file a response if you want to fight the lift of stay.
In North Texas the debtor was supposed to schedule the hearing date and was supposed to send you and your attorney a notice of hearing.
The only person that needs to show up to the hearing is the Creditor's attorney to submit the order.
 
"Are you talking about a 341 hearing or a hearing to have the "stay" lifted?"

It was a hearing to have the stay lifted...we wanted to evict our tenants and needed the court's permission.
 

kdowd771

Member
Oh ok.
I called my BK lawyer yesterday and they said I don't need to have a hearing. Basically the judge signs the order and thats it. Still waiting though.......
 

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