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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - motion to modify the stay
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Definition of motion to modify the stay
Definition: A motion to modify the stay is a request made by a party to the bankruptcy court to alter the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property. For example, a creditor may seek permission to foreclose on a lien because their security interest is not adequately protected.
Examples:
- A creditor files a motion to modify the stay to foreclose on a property that the debtor has not been making payments on.
- A landlord files a motion to modify the stay to evict a tenant who has not been paying rent.
These examples illustrate how a party can request to modify the automatic stayin order to take action against the debtor or their property.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Simple Definition
A motion to modify the stay is a request made by a party in bankruptcy court to change the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property. For example, a creditor may ask for permission to foreclose on a lien because their security interest is not adequately protected. This motion is also known as a motion for relief from stay or a motion to lift the stay.
Simply put, it's a request to change the rules so someone can take action against the person who owes them money.
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