Motion For Relief Debtor Or Codebtor Stay {720.80}

720.80 - CHAPTER 7/13 MOTION FOR RELIEF FROM DEBTOR; CHAPTER 13 CODEBTOR STAY. This form is used in the United States Bankruptcy Court for the District of Oregon by a creditor (referred to as the "movant") to request court permission to proceed with collecting on a debt despite the automatic stay that goes into effect when a debtor files for bankruptcy. This automatic stay prohibits creditors from pursuing collection actions such as foreclosures, repossessions, or lawsuits. Through this motion, the creditor outlines details about the debt owed, the collateral securing the debt (such as a home or vehicle), the amount of any default, the value of the collateral, and any other encumbrances. The creditor also provides legal justification for lifting the stay, such as lack of insurance on the collateral, no equity in the property, failure by the debtor to make required payments, or harm to the creditor’s interests. In Chapter 13 cases, the motion may also seek relief from the codebtor stay, which protects individuals who did not file for bankruptcy but share responsibility for the debt. The debtor (or another respondent) can file an objection, disputing the motion’s claims or proposing to cure defaults. The motion includes a request for specific relief, such as permission to repossess or foreclose on collateral, or to waive certain procedural delays. Supporting documentation, like a security agreement or payment history, must also be attached, especially if real property is involved. www.FormsWorkflow.com