Motion for Relief from the Automatic Stay

The automatic stay is an injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.  Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay.

Creditors generally may not take certain actions. Prohibited collection actions are listed in Bankruptcy Code §362. Common examples of prohibited actions include contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or obtain property from the debtor; repossessing the debtor's property; starting or continuing lawsuits or foreclosures; and garnishing or deducting from the debtor's wages.

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.


 

Heaings on Motion for Relief from the Automatic Stay

Instruction re: Hearing Notices on Motions for Relief from the Automatic Stay

Instructions re: Scheduling Hearings on Motions for Relief from Stay in Ch 7 Cases

 

Motions Under § 362(j) and Motions Under § 362(c)(4)(A)(ii)

Parties seeking relief under 11 U.S.C. § 362(j) regarding the termination of the automatic stay or under § 362(c)(4)(A)(ii) with respect to the automatic stay no longer being in effect should submit a motion and proposed order using the forms set forth below.

Motion under §362(j) and Proposed Order

Motion under §362(c)(4)(ii) and Proposed order