Disposition Without Hearing for relief of automatic stay motions

[bk883813]

In pacer..There were several motions for relief of automatic stay's and the update in pacer states "Disposition Without Hearing for relief of automatic stay motions" No response from Debtor or Trustee...

What does this mean?

[justbroke]

Means that no one responded to the Motion for Relief From Stay (MFRS). This is normal. Generally, RFS motions are uncontested. In many courts (Districts), the moving party can use something known as "negative noticing". This means that if no answer/response is filed opposing the motion, the moving party can ask for the requested relief without a hearing.

(For my pro se followers: A Motion for Relief From Stay (MRFS) is a contested matter. All contested matters are subject to a hearing. Some courts allow negative noticing which basically avoids the hearing if no party in interest files an opposition within so many days (based on local rules). This works well for uncontested matters, because it keeps the Court's calendar clear for other "contested" matters. )

[bk883813]

Thank you for the info.
Q. So does this mean that the mortgage companies have been allowed this motion? My 341 is 12/22 and this motion was made on 12/14.

[justbroke]

Thank you for the info.
Q. So does this mean that the mortgage companies have been allowed this motion? My 341 is 12/22 and this motion was made on 12/14.

Now I'm confused. You're saying that the motion wasn't made until 12/14? Or are you saying that the disposition wasn't made until 12/14 and the relief from stay was earlier.

[bk883813]

I filed on 11/10. The mortgage companies files for the MFRS on 11/20. THe MFRS hearing was on 12/14. My 341 mtg is 12/22. The disposition occured at the 12/14 mtg

[justbroke]

Reads as though they were "granted" Relief from the Stay (RFS) on 12/14/2009. It went "uncontested", so they were basically granted summary judgment. Now they can proceed with foreclosure under State non-bankruptcy law.