Contested motions are more routine motions within a case that are disputed resulting in motion practice; the initial motion, opposition to the motion, and in appropriate situations a cross-motion. Motions made by creditors most often are to seek relief from the automatic stay in a bankruptcy case. This is often when a secured creditor like a mortgage holder or a car loan lender have ongoing arrears on payments and seek relief from the stay to pursuit their rights in Court or against their collateral. Other types of motions made by a trustee to dismiss a case where the debtor is not cooperating with the trustee’s administering of the case or where the case otherwise appears not viable in terms of proceeding. The debtor typically moves for many administrative matters including: retentions on behalf of the debtor, objections to claims, permission for re-opening a case to avoid a judgment lien.
When motions need to be be filed and served and heard there is often opportunity to discuss them first and reach a compromise resolution.
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