Lift Stay Motions

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Chicago Attorneys for Lift Stay Motions

chicago lawyer for lift stay motion

Lifting the Automatic Stay for Creditors in DuPage County, Cook County, and Throughout the Area

When a debtor files for bankruptcy, an automatic stay is enacted that prevents most creditors from proceeding with debt collection efforts (while the case is in process). The stay is powerful and far-reaching, with very few narrow exceptions. Creditors can proceed with certain actions, such as repossession of a vehicle or equipment if the court grants an order lifting the stay.

At Walinski & Associates, P.C., we have successfully represented creditors in bankruptcy proceedings for over 40 years. Our lawyers have extensive experience with proceedings such as lift stay motions and objections to confirmation. We work closely with our clients, putting our experience to work to explore every legal avenue to maximize recovery efforts. Our creditor's rights attorneys work directly on each case, and we provide highly personalized service for each of our clients. We stay in regular contact from start to finish, and we provide frequent updates, so you are always kept up-to-date on how each case is proceeding.

Petitioning the Court to Lift the Automatic Stay

In Illinois, lift stay motions may be granted if the creditor is able to convince the court that there are strong reasons to lift (or modify) the stay. Some examples of may include:

  • Debtor Not Paying on a Secured Debt: Property that is secured by collateral (such as home mortgages, auto loans, and truck loans) must either be paid or returned during bankruptcy. For this reason, mortgage lenders, second mortgagees, vehicle finance companies, and similar parties typically have standing to file a lift stay motion, particularly if the debtor is no longer paying on the loan.
  • Lack of Collateral Protection: A lift stay motion can be filed by a secured creditor if the collateral is not adequately protected. Examples include cases in which the collateral is not insured.
  • Abandoned Property: If the debtor no longer has an interest in the property, such as when a home with a mortgage is abandoned, the mortgage holder(s) may have the automatic stay lifted so they can proceed with a foreclosure action.
  • Unrelated Litigation: Parties with lawsuits against the debtor that are not related to property of the bankruptcy estate can file a lift stay motion to proceed with litigation.

Contact a Skilled Chicago Debt Collection Attorney

At Walinski & Associates, P.C., we have helped countless creditors successfully obtain relief from the automatic stay when a debtor has filed for bankruptcy. We thoroughly examine each case and perform due diligence to ensure all the paperwork is in order, and our clients are in the best possible position to secure a favorable outcome. For a personalized consultation with one of our skilled Chicago collection lawyers, contact our office today at 312-704-0771.

Illinois Creditors Bar Association Chicago Bar Association Illinois State Bar Association
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