Hayward, CA asked in Bankruptcy for California

Q: What does it mean when a creditor gets relief from a automatic stay without a waiver of the 14 day stay?

I'm in a chapter 7 bankruptcy. The finance company got relief from the automatic stay without a waiver of the 14 day stay. Does that mean I have two weeks to keep your vehicles or not?

Related Topics:
1 Lawyer Answer
R. Grace Rodriguez
R. Grace Rodriguez
  • Bankruptcy Lawyer
  • Chatsworth, CA
  • Licensed in California

A: Normally before a bankruptcy court order becomes effective there is a 14 day waiting period to give the parties a chance to request reconsideration or file an appeal on the order. If the court did not waive the 14 days, then the order is not effective for 14 days and the finance company cannot act upon the order until those 14 days have passed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.