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Motion for Relief from Automatic Stay

Updated 12/1/2023

In General

Refer to Local Bankruptcy Rule 4001-1 for information regarding motion and supporting documents, hearing, notice and service requirements.

A motion to terminate, annul, modify, or condition the automatic stay must be accompanied by the appropriate filing fee.  If a child support creditor is the movant and if the movant files Official Form 2810, no fee is required.  In addition, no fee is required for approval of a stipulation to terminate, annul, modify or condition the automatic stay.

Hearing

Hearing required. Refer to the CHAP Chamber Presets Report for available hearing dates and times. File a separate notice of hearing with the preset hearing information.

Form

Motion must attach a cover sheet substantially confirming to local form Cover Sheet - Motion for Relief from Stay (H4001-1cs).

References

11 U.S.C. § 362(a); FRBP 4001(a); LBR 4001-1

Step-by-Step Instructions

  • Select Bankruptcy > Motions/Applications.
  • Enter Case Number.
  • Select appropriate relief from stay motion -  Relief from Automatic Stay (Motion) or Relief from Automatic Stay AND Ch 13 Codebtor Stay (Motion).
  • Click Browse/Choose File and upload PDF.
  • At the prompt, Briefly identify subject matter, e.g., Real Property Address, Vehicle Description, Title of Litigation, etc.
  • Information regarding the court's policy regarding payment of filing fees display.  Read it carefully.
  • Fee screen displays.  If you are filing an amended motion and have already paid the filing fee, change the fee amount to 0.00.  
  • Skip the Joint Filing screen if you are the only attorney filing this motion.
  • Select Party filer.  If the movant is not listed, view instructions on adding a new party to the case.
  • The Attorney/Party Association screen displays if the association does not already exist. Carefully read the message in red.
  • Modify docket text to describe attachments (e.g., Cover Sheet, Memorandum, Declaration, etc.), if appropriate.  
  • Verify final docket text. Click Next to complete the filing.
  • The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.
  • A Summary of current charges displays in a separate window.  Click Pay Now or Continue Filing.