Filing for Relief from Stay

[teacher]

Can a creditor file for relief from stay BEFORE the 341 meeting?

[JRScott]

Yes

[teacher]

Thank you.

[JRScott]

You're Welcome

[justbroke]

Many will file for relief from the automatic stay, as soon as they see your "Statement of Intentions". If you are paying them and are current, they can't file a motion for relief from stay. The only way they could, is if you aren't paying them or your statement of intentions indicates that you are surrendering the property.

A smart creditor will file their Motion for Relief from the Automatic Stay at the most opportunistic moment. Whether that's before the 341 meeting or after, depends on the state of your account with them, and your intentions.

[teacher]

Stated surrendering and I am over 2 months behind....so they'll probably do it soon.