Checked Pacer today it says my mortgage co. filed Motion From Relief of Stay( I know what that means) it goes on to say and Waiver of 30 Day Requirement of 11 U.S.C. 362(e). What does that second part mean? Thanks for your replies.
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What Does This Mean (Pacer)
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I never heard of the 30-day requirement, but many lenders basically ask for an acceleration of the time period in which a granted motion can be "vacated". I thought that period was 10 days. I also have never seen one Judge's order which removes the 10-day period either.
That 30-day requirement is usually only the fall-back "automatic" granting of relief requested. It's kinda like, if the motion for relief is requested, but nothing happens, at all, within 30 days, it's automatically granted.
I have not read one single order on a Motion for Relief from the Automatic Stay including or even mentioning that 362(e) provision It just doesn't make sense to include it because 362(e)(2)(A) reads unless "a final decision is rendered by the court during the 60-day period beginning on the date of the request". It's surplusage if you ask me!
So, it means nothing.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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