I'm filing bankruptcy; I did not include my home but my lender filed a "Motion to lift stay" what does this mean? And how do I fight it as I am currently and plan to continue to pay my mortgage.
2 Answers from Attorneys
This is a concern you should discuss with your attorney. If you do not have an attorney, you should consider retaining one. There are too many complex issues to proceed on your own. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.
That said, the Motion to Lift Stay suggests the lender does not feel you are current or has some other basis to proceed against you. Have you read the allegations in the motion? Did you file and mail the lender a Statement of Intention? If you are current or nearly current, then you may be able to contact the attorney handling the motion to work it out. Do not let them pressure you into a Reaffirmation Agreement.
The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for the six calendar months prior to the month in which you filed your bankruptcy, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years’ tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.
The proper answer To lift the stay, the lender must show that you are not making payments on the mortgage. To fight it you need to get caught up on your payments
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