Bankruptcy Vacate Stay Motion Timetable

The following timetable is representative of the average processing time for the handling of a Chapter 7 and Chapter 13 motion to vacate stay as part of a foreclosure action.

Uncontested Bankruptcy Motion
Flow Chart
Day 1:
  • Receive request for motion from Bank. Open file, review instructions; enter into computer and assign
    file number, request bankruptcy documents – if required.
  • Review Note, Mortgage and Assignments.
  • Bank notified of any concerns or questions relating to requested action.
  • Prepare draft of Motion, including notice, affirmation, proposed order, and client’s court worksheet (if necessary) etc. Review file, motion, bankruptcy documents, default figures from Bank, revise motion to fit fact pattern and Bankruptcy Law, communicate with Bank re: documents, basis for relief, any concerns, etc. Secure hearing date of motion if all needed documents are in-house.
Day 3: Motion papers signed by Attorney, Motion served upon parties and submitted to Court/electronically filed.
Day 15: Hearing date. Attorney may appear in Court and argue for motion if contested matter or if required by Judge. Order vacating stay granted orally, then either signed in Court by Judge or attorney is directed to “settle order” on notice. Bank notified of Hearing results. Notice of Settlement served on parties and mailed to Court. Notice of Entry mailed out for Orders already signed. Request direction from Bank.
Day 30: Judge signs Orders directed to be “settled”. Copy of signed Order obtained from Court/Website. Bank notified of receipt of signed Order. Bankruptcy file billed and closed out. Foreclosure process may be continued at this point upon advice of Bank.

Notes:

  • No appreciable time difference exists between seeking relief for Chapter 7 cases and those for Chapter 13.

  • Motions can be heard in as little as 10 days after service and filing with Court or as long as 30 days depending on motion type, District filed in, Chamber’s Rules of Judge and Calendar Clerk’s assigned hearing dates.

  • Deutsch & Schneider, LLP will arrange for attorneys to appear in motions in upstate New York who are qualified and experienced in Bankruptcy Court proceedings based upon prior work satisfaction.