FLOW CHART FOR UNCONTESTED MOTIONS TO VACATE BANKRUPTCY STAY

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.

Day 1-2:    

• Receive and review request for motion from Bank.

• Open bankruptcy file. Obtain and review bankruptcy court pacer and obtain bankruptcy documents Online

• Review plan, post-petition defaults, Note, Mortgage, Assignments and determine cause to vacate stay.

• Notify Bank of any missing information or documents necessary for motion

Day 3-5:

• Prepare draft of Motion, including notice, affirmation, proposed order, etc. Compile necessary Exhibits.

• Attorney reviews motion and necessary revisions are made

• Earliest available hearing date or presentment date is obtained from Court, as long all necessary documents are in-house.

• Motion papers signed by Attorney. Motion served upon parties and filed with court electronically or submitted to court for filing

Day 15-30:

• Depending on Judge’s rules, the uncontested motion is either heard by judge on hearing date or submitted to judge for the judge’s signature of order. If hearing is held, order can be signed at hearing or judge may direct service of a proposed order upon interested parties to be signed within 10 days.

• Bank is immediately notified of Hearing results.

• Upon judge’s signature, a copy of the signed order is obtained from Court or Online, and immediately forwarded to Bank

• Notice of entry of signed order is served and filed with court

• Final Bankruptcy bill is sent to Bank and bankruptcy file is closed out.

Foreclosure process will be continued at this point, upon advice of Bank.

Notes:

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

2. Our attorneys are admitted in all four United States Bankruptcy Courts of New York. Although no court appearance is usually required for uncontested motions in upstate New York, because of their geographic distance, if an upstate court appearance becomes necessary, we have arrangements with experienced attorneys upstate to argue said motions on our behalf.