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To be able to keep your property that’s collateral or security on a secured debt, you must give that secured creditor “adequate protection.”

In the bankruptcy system, debtors and creditors each get certain protections.

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A creditor might file a motion to avoid violating the stay, or to get permission to take some action other than collect a debt.

In the last three blog posts we’ve covered five reasons why creditors ask for “relief from the automatic stay.” The first one is by far is the most common. Creditors ask for “relief from stay” to take back collateral, or to establish payment and other terms that you must meet to avoid losing the collateral.

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Posted on in Automatic Stay

To keep possession of your property that is collateral on a secured debt, you need to give the creditor “adequate protection.”

The Balancing of the Interests of Creditors and Debtors

Bankruptcy law attempts to balance the interests of debtors and creditors. That’s true as to how the law deals with debtors’ and creditors’ opposing interests as to the collateral on secured debts.

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Posted on in Automatic Stay

A creditor might want to pursue your co-debtor, protect itself from violating the stay, or take some other action other than collect money.

So far we’ve covered four reasons why creditors ask for “relief from stay” other than for permission to repossess collateral. Creditors seek permission to finish a lawsuit or other legal proceeding to determine:

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A creditor might ask to pursue an insurance-paid claim or to finish a lawsuit determining if you incurred the debt through fraud.


Our last blog post introduced reasons why creditors ask for “relief from stay” other than for permission to repossess collateral.

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210-342-3400

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