Q: How do I file a motion for relief from the automatic stay associated with a debtors bankruptcy in MA?
We hired a general contractor to build an addition to our home, and he filed bankruptcy in the middle of the project. We can attempt to obtain money from a state guarantee fund, however in order to file a claim with this fund we need a judgement against the contractor. In order to obtain a judgement, we need to file a suit against him in district court, and we can't do this until the stay is lifted.
We have a sample motion, in terms of the document, but I want to understand how do I go about "filing" this, and then what is the process after I file? Does the court then set a date for a hearing?
A: You are really going to need a lawyer to guide you through an adversarial proceeding to attempt to obtain a judgment. Consult a competent bankruptcy attorney to discuss your options.
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