Can you file a motion during bankruptcy?

Chapter 7 bankruptcy, also known as no-asset bankruptcy or straight bankruptcy, allows a debtor to wipe out most of his unsecured debt.  In most instances a Chapter 7 debtor will receive a discharge about 90 days after filing bankruptcy. 

There are instances, however, when a discharge may be delayed because the debtor, a creditor, or the bankruptcy trustee has filed a motion.  Chapter 7 debtors typically file the following motions: 

• Motion to Avoid Lien;
• Motion to Convert to Chapter 13 Case;
• Motion for Contempt for Violation of Automatic Stay; and
• Motion to Dismiss. 

The most common motion filed by creditors in a Chapter 7 case is the Motion for Relief from Stay.  A secured creditor will file a Motion for Relief from Stay in order to obtain permission from the court to proceed with foreclosure or repossession of the collateral securing the debt (usually a house or car) in question.  Other motions which may be filed by a creditor include: 

• Motion to Dismiss;
• Motion to Convert;
• Objections to Exemptions; and
• Objections to Discharge. 

A bankruptcy trustee is appointed to oversee and administer every Chapter 7 case.  The bankruptcy trustee may file a variety of motions including: 

• Motion to Dismiss;
• Motion to Convert;
• Motion to Avoid Lien;
• Motion to Set Aside Fraudulent Transfer;
• Objections to Exemptions; and
• Objections to Discharge. 

The Bankruptcy Code and local bankruptcy rules govern the procedures for filing and responding to any motions which are filed in a Chapter 7 bankruptcy case.  In most instances, the bankruptcy court will rule on a motion filed in a Chapter 7 case only after notice and a hearing.  A qualified bankruptcy attorney can answer all your questions regarding motions in Chapter 7 cases.