Day 1-2

• Receive and review request for motion from Lender.
• Open bankruptcy file. Obtain and review bankruptcy court PACER and obtain bankruptcy documents.
• Review plan, post-petition defaults, Note, Mortgage, Assignments and determine cause to vacate stay.
• Notify Lender of any missing information or documents necessary for motion.

Day 3-5

• Prepare draft of Motion, include 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 as 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.
• Lender 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 the Bank.
• Notice of entry of signed order is served and filed with court.
• Final Bankruptcy bill is sent to Lender and bankruptcy file is closed out.
• Foreclosure process will be continued at this point, upon advice of Bank.

Notes:

• The above timeframe 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.
• No timeframe difference exists between seeking relief for Chapter 7 cases and those for Chapter 13 cases.
• Our attorneys are admitted in all four(4) United States Bankruptcy Courts of New York.