How do you file a motion for relief from bankruptcy?

Answer by  Vladimir (459)

The exact process for obtaining the stay varies with local court rules. Generally, however, it involves filing a written motion and having it served upon the debtor. The motion should contain a legal basis/argument and substantiation to demonstrate that you have grounds for the motion.

Answer by  CHatch (21)

Although different states require different procedures, you can generally expect to begin the process by hiring a lawyer and/or filling out and filing the paperwork with the courts.

Answer by  mammakat (11147)

You need to consult your bankruptcy court, procedures vary in different jurisdictions. You'll need to fill out the proper forms, pay a filing fee, serve the debtor and/or debtor's attorney and show cause and reason to support your motion supported by legal argument. If the debtor doesn't object, your motion will be granted automatically, if not a hearing will ensue.

Answer by  Jaggers (1018)

Regardless of what is published about the acceptability of bankruptcy as a financial solution there still is a great stigma associated with this process. A motion for relief can be filed with H&R Block along with your tax returns and in seven years relief should be forthcoming. Good luck with that.