What does motion for relief granted mean?

Asked by: Mrs. Salma Morar I  |  Last update: May 6, 2025
Score: 4.8/5 (6 votes)

Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.

What does it mean when a motion is granted?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

What happens when an order of relief is granted?

What Happens if an Order for Relief is Granted? Once an Order for Relief is granted, it is like the Automatic Stay no longer exists for that specific creditor. Now the creditor can contact the debtor through mailings, phone calls, or collection agencies.

What is a relief motion?

A motion for relief from the judgment is a request made by a party to the court to correct a mistake in the judgment or to be relieved from the judgment due to certain circumstances. There are several reasons why a party may file a motion for relief from the judgment.

What does filing for relief mean?

A motion for relief is a creditor's way to ask the court for permission to foreclose on a house or repossess a car. In most cases, only a mortgage lender or a car lender can bring a motion for relief.

What should you do if you receive a motion for relief in bankruptcy?

31 related questions found

What is a motion for relief granted?

A motion for relief from automatic stay, also known as a stay relief motion, is something a creditor requests from the bankruptcy court. They essentially ask the court for permission to continue certain collection actions against you. In general, we see secured creditors file these motions.

What does granted relief mean?

a : release from obligation or duty [ from judgment] b : an order from a court granting a particular remedy (as return of property) [injunctive ] [declaratory ] see also remedy.

What is relief in a court case?

In law, relief refers to the redress or assistance that a party seeks from a court. Relief is essentially synonymous with remedy , but is sometimes meant to convey a broader concept. A remedy typically addresses clear, tangible injuries or losses .

How long does a judge have to answer a motion?

Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

What is an example of a relief process?

Examples of relief-printing processes include woodcut, anastatic printing (also called relief etching), linocut, and metal cut.

What does order of relief mean?

The determination that a person or entity is a debtor under the Bankruptcy Code. In a voluntary bankruptcy case, the filing of the bankruptcy petition constitutes an order for relief (§ 301(b), Bankruptcy Code).

What does relief not granted mean in court?

This language in the divorce decree means that anything else that you could have possibly asked for (as relief, that isn't clearly addressed as "granted" in the divorce decree) is denied.

What is the legal definition of claim for relief?

A claim for relief is a particular set of facts that one party puts forth in a pleading in court to establish that they have a right to recover against a defendant .

What does it mean when a judge grants motion?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

What happens after a motion to dismiss is granted?

Ruling on a Motion To Dismiss

If the court grants the motion, it can dismiss the case either with or without prejudice. If the court grants the motion and dismisses the case “without prejudice," the plaintiff can fix the deficiencies in the complaint and file it again.

What does "granted" mean in court?

1 : to permit as a right or privilege [ a new trial] [the Supreme Court ed certiorari] 2 : to bestow or transfer formally. ;specif. : to transfer the possession or title of by a deed.

Do judges read motions before court?

If you are referring to motions on legal issues the judge will review them in the course of the hearing or trial. If you are referring to documents to be submitted as evidence the judge may rule on their relevance and/or admissibility prior to going forward .

What is the difference between a motion and a pleading?

Pleadings do not ask the judge to make decisions. Motions, on the other hand, ask judges to make decisions. Motions are mostly written but can be oral requests that can be presented only after the complaint has been filed.

What happens when a motion is denied?

The court will then decide as to whether the motion is granted or denied. If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.

What is an example of relief?

Examples of relief in a Sentence

Noun I felt such a sense of relief after I finished my thesis. He expressed relief that the crisis was finally over. Much to everyone's relief, the airplane took off without any problems.

What are the options a court has when granting relief?

There are three principal forms of relief that a jury or judge can provide:
  • Declaratory judgment. The court determines the rights of parties without ordering that anything be done or awarding monetary damages.
  • Injunction. ...
  • Monetary relief.

How is relief determined?

The nearest point of relief is the spot the shortest distance away from where your ball lies that is not closer to the hole and where if your ball was there, you could make a stroke at it without any interference from the thing you are taking relief from.

What does it mean if court grants an order of relief?

An order for relief in bankruptcy refers to a court-issued order that initiates the bankruptcy process for an individual or entity. It is typically granted by a bankruptcy court in response to a bankruptcy petition filed by the debtor or their creditors.

What is the order granting motion for relief from stay?

Relief from stay motions are generally heard on short notice (10-20 days); the court may grant relief at the initial hearing or set an evidentiary hearing to make a final decision. In the typical individual bankruptcy case, the automatic stay is replaced by the discharge injunction at the end of the case.

What does went on relief mean?

on relief in American English

receiving financial assistance from a municipal, state, or federal government because of poverty or need.