Attorney Steve shares legal argument (that won) in regard to motion for relief from automatic stay in Central District
October 2, 2011 by Win the War on Foreclosure!
Filed under Uncategorized
ARE YOU UP FOR THE CHALLENGE TO TRY TO PREVENT THE LENDER OR LOAN SERVICER FROM LIFTING THE AUTOMATIC STAY WHEN THEY CANNOT PRESENT A COLORABLE CLAIM THAT THEY ARE THE PARTY ENTITLED TO ENFORCE THE NOTE?
For California bankruptcy lawyers filing Chapter 7, Chapter 11, and Chapter 13 cases for their California clients, you have to ask yourself one thing: “ARE YOU CHALLENGING THE ALLEGED SECURED CREDITORS MOTION FOR RELIEF FROM AUTOMATIC STAY”? The motion filed by the alleged secured creditors may not have the legal proof to prove much at all. We get calls from homeowner/debtors all the time who are in bankruptcy and wonder why their bankruptcy attorney will not assist them. Perhaps if you had a sample opposition pleading with most of the major 9th circuit memorandum of points and authorities, and a “lift-stay guide” to help you make the legal argument you would take on the battle.
Every debtor in bankruptcy is entitled to the FULL BENEFIT OF THE AUTOMATIC STAY until and unless a true secured creditor, who is the real party with standing can show a colorable claim that they are entitled to lift the automatic stay.
