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Mississippi Bankruptcy Personal Bankruptcy

Discussion in 'Bankruptcy Law' started by Gigi4776, Aug 17, 2013.

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  1. Gigi4776

    Gigi4776 Law Topic Starter New Member

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    My MS chpt. 13 bankruptcy court sent me a notice that there is a "Motion to Abandon certain real property and improvements at (my address named), Motion for Relief from Stay. Filled by...(my mortgage Co's name)..."
    What does this mean and who is the " Movant" ?, me or the mortgage Co? Thanks for your help because my attny is not in office on Saturday.
     
  2. army judge

    army judge Super Moderator

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    You should wait until Monday and speak with your attorney.

    Too many cooks spoil the broth.

    I bet your attorney contacts you, if not, reach out to your attorney ASAP on Monday.
     
  3. despritfreya

    despritfreya Active Member

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    A Motion to Abandon, if granted, removes the property from the bk estate. Typically this type of motion is filed by the lien holder. If it was filed by the Trustee it should be called a "notice of abandonment". It is filed because whoever filed it is telling the Court and other interested parties that the property has no value to the bk estate.

    A Motion for Relief From Stay is filed by the lender. You are probably behind in payments and the lender wants the ability to proceed with taking back its property. To do that it must get the protection of the bk lifted.

    The person/entity that filed the Motion is the "movant". If you file a response you are the "respondent".

    Des.
     

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