What Is a Motion to Lift Stay?

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The “automatic stay” that goes into effect when a bankruptcy case is filed prohibits creditors from taking action to collect debts from the bankruptcy debtor. However, in some situations, creditors can file a motion to lift the stay, allowing them to proceed with collection efforts just as they would have if the bankruptcy case had never been filed.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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