You are correct that the procedure you need to follow is a Motion for Relief from Automatic Stay. This is done by custom drafted pleadings on pleading paper.

Most Districts require a local form Relief from Stay Coversheet form, but this is not enough for the Motion; there is no form... View More

If you own real property you need to pay property taxes going forward. If there was a tax lien on the property prior to your filing for bankruptcy, then the debt was not discharged because it was secured.

Your home loan account was not discharged, a secured debt such as a home mortgage cannot be discharged in a Chapter 7. You need to pay for your home, or the lender will foreclose despite the bankruptcy.

This is not actually a bankruptcy question. It involves California Civil Procedure, but I will attempt an answer anyway.

To vacate a sister state judgment, you would generally need to attack it in the State that entered the judgment. If the entry of the judgment in California was... View More

This is a California State Judicial Council Form (numerically identified as CM-180) that should be filed if a debtor is also a defendant in a State Court lawsuit. It also needs to be served on plaintiff's attorney. The form stops the state court lawsuit pending the outcome of the bankruptcy.... View More

If you need a copy of any documents from your case you can either (1) request them from your attorney; (2) sign up with PACER and print them out from your home computer (this is a free governmental service, as long as you only use less than $10 of services in a calender month; or (3) use the public... View More

File an objection with the issuing court.

A debtor can dismiss a Chapter 13 case at anytime by filing a form. Permission of court is required for dismissal of a Chapter 7 case. After a case is dismissed or discharged, you can buy real property without permission of the Trustee or Court.

If you purchase property while you are a... View More

The US Bankruptcy Court Clerk receives a 'mailing matrix' of creditors from the debtor or his attorney. The Clerk will then mail a Notice of Bankruptcy filing to you.

If you are concerned that someone who owes you money has filed for bankruptcy and listed you as a creditor, you... View More

You can reaffirm a timeshare debt. On the other hand, you should carefully examine whether you want to do so. Usually timeshares come with expensive maintenance fees, making them not worth reaffirmation. Also in today's market what you owe on the timeshare is often greater than the resale... View More

Not necessarily. Apart from student loan debt, there are a number of other debts which may be non-dischargeable. These are listed in Bankruptcy Code section 523(a) "Exceptions to Discharge." Among other types of debt listed in that section are recent tax debts, debts incurred by fraud,... View More

Yes, especially if it is by the Trustee or US Trustee's Office and they are pursuing a Fraud or Improperly Filed Case.

This is a common problem. Short of asking the mortgage company if they would offer a Reaffirmation Agreement if you reopened the case, there is nothing that can be done.

It is a list of the totals of certain debts which are not dischargable. It is included as an attachment to the Petition, before the Schedules. This is a standardized form. Visit your court's website and go to forms.

Contact the respective Trustee.

If the hearing for the law suit is before you file, you should go. If it is after, file a Suggestion of Bankruptcy in the suit and you do not have to go.

Under Federal, CA and MO law, your IRA would be exempt.

You should file a Proof of Claim. This form should have been provided to you with the Notice of Bankruptcy. Depending your priority as a Creditor and if the Debtor has any property to be administered, you may receive something.

Through the court where it was entered. If the party which you are seeking to enforce is going bankrupt, unless there is a clause waiving discharge, there is little chance of enforcement.

Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.