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Motion
for Relief from Stay
Last
Updated: September 2018
Filing Requirements:
Motion and Notice for Relief
from Stay with 14 days objection period. Notice is sent to
.
See also Multi-Part
Motions
See also Motion
for Relief from Co-Debtor Stay
Proof of Service.
Note: In a chapter
11 case, notice should also be sent to the creditors' committee,
or if no committee was appointed, to the list of 20 largest
unsecured creditors.
Filing Fee [Note:
Refer to Bankruptcy Court Miscellaneous
Fee Schedule for exceptions to
filing fee. 28 U.S.C. Section 1930].
Court will
enter text order.
To
File Electronically:
Log into CM/ECF.
Select
[Bankruptcy > Motions/Applications].
Enter the case number (e.g,
xx-xxxxx).
Select
[Relief from Stay]
from the event list.
Note: When a Motion for Relief from Stay is combined with another
relief type, while holding down Ctrl key, multiple events
may be selected.
Skip
the
if you are the only party filing this motion. If this is a
joint filing, check the box.
Select
the party filer. If the party is not listed, click on .
Note: The may appear. If your party selection
was correct, check the box to create an association.
Enter
a "y or n" if the notice and proof of service are
included with the motion.
Note: The Motion, Notice of Motion, and Proof of Service
may be a single PDF; or the Notice, supporting documents,
and Proof of Service may be added as
to this document. The Motion must
be the first document in your PDF.
Enter
the date served (Ex. 01/16/2007). Last day to object
will be displayed.
to select the
Motion documents (.PDF file).
To
pay via ACH or credit card, leave the receipt field blank
and select [NEXT]
to continue filing. The credit card screen will appear at
the end of the event.
Note: If filing fee is exempt, type "exempt" in receipt
field.
Modify
the text as appropriate.
Note: If you selected more than one relief type, select "and/or" from the second prefix box.
Verify
the final docket text; if correct, click [Next]
to submit your document(s).
Note: The displays giving you the document number. Copies
of this notice are immediately e-mailed to all participants
who receive electronic notification in the case.
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11 U.S.C.: 362(d)
FRBP: 4001(a)
Local Rule 4001-2 |
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