Motion for Relief from Stay

Last Updated: April 2, 2013

Filing Requirements:

  • Motion for Relief from Stay

  • Notice of Motion with 14 days to object. Notice is sent to interested parties.

    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.

  • Proof of Service.

  • Filing Fee  [Note:  Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. Section 1930].

See also Multi-Part Motions

See also Motion for Relief from Co-Debtor Stay


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. 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.

  5. Skip the Joint Filing screen if you are the only party filing this motion. If this is a joint filing, check the box.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. 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 attachments to this document. The Motion must be the first document in your PDF.

  8. Enter the date served (Ex. 01/16/2007).  Last day to object will be displayed.

  9. Browse to select the Motion documents (.pdf file).

  10. 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.

  11. Modify the text as appropriate.

    Note: If you selected more than one relief type, select "and/or" from the second prefix box.

  12. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

 

 

 

 

 

11 U.S.C.: 362(d)
FRBP: 4001(a)

 

Local Rule 4001-2