What does automatic stay do?
It kicks into effect with the petition and stops everything.
A contested matter starts with a (1). An adversary proceeding starts with a (2).
- motion
2. complaint
The (1) presides over the 341 meeting, which is (2)
- trustee
2. mandatory
The estate is everything in which the debtor has a (1) and (2) interest.
- legal
2. equitable
Petition preparers provide (1) to (2), NOT (3)! This means that tehre is no (4)!
- typing services
- customers
- clients
- privilege
The domicile eligibility requirement of BK depends on where you have lived for all or majority of (1).
- past 180 ays
A joint petition is between (1).
- husband and wife in AZ (legally married spouses)
You can file another Chapter 7 BK within (1) of discharge of the last
8 years
Individuals can file (1), (2) or (3)
- Chapter 7
- Chapter 11 (if wealthy)
- Chapter 13
Why would a creditor file for Relief from Automatic Stay?
Believes debtor is not taking goog care of the property. Wants to get the property back.
If a Chapter 7 case is dismissed, this means the (1). The debtor must wait (2) to re-file. This is (3) ffor other chapters. If the debtor gets a discharge, this means (4)
- case is over
- 180 days
- lower
- debts are expunged
