Akron, OH asked in Bankruptcy for Ohio

Q: A motion for relief from automatic stay was granted and stated as such on docket.Does there need to be an order aswell?

Is the granting of a motion from relief from automatic stay constitute an order or must the judge actually enter an order based upon granted motion? I’m trying to understand when the 14 day stay of relief starts and when the creditor can continue pursuing collection activities? Does the 14 day stay begin on the day after docket states motion is granted or day after an order is entered (if one is even requires)?

Related Topics:
1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Usually an order is tendered with the motion and signed although a calendar order or notation is just as effective. Call the clerks office and ask if the order has been entered. Time starts to run from entry of the order or notation.

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.