How can a creditor file a stay on a bankruptcy when they never showed up for the creditors hearing?

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How can a creditor file a stay on a bankruptcy when they never showed up for the creditors hearing?

Asked on June 18, 2012 under Bankruptcy Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A stay regarding debt collection is automatic with very few exceptions for government entities. That is to prevent a creditor to move forward with any negative actions against the debtor while the bankruptcy is being precossed. As to the stay in the reverse, the filing of a motion can be sufficient without having to be physically present at a creditors hearing. A telephonic appearance is also possible but you would need to be served with any requests to lift the stay in the debtor's behalf.


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