Filing a Motion for Relief from the Automatic Stay
Motion for Relief from the Automatic Stay - This motion is filed with the Court to ask for an exception to the automatic stay, which is automatically entered when a person files bankruptcy. The stay prohibits creditors from taking further action to collect on debts while the stay is in force. A motion is a written formal statement in which the party who is requesting the exception (i.e., the movant) sets forth the legal basis, citing the applicable sections of the Bankruptcy Code and the Bankruptcy Rules, for the exception/relief requested. The party against whom the relief is requested (i.e., the debtor and the trustee, if one has been appointed) are the respondents. Each motion shall be supported by all documents which assert a valid perfected security interest and all documents which support an assertion of lack of adequate protection or of equity in the property. Motions for Relief from the Automatic Stay are governed by Local Bankruptcy Rule 4001-1, 11.U.S.C. § 362(a), and Federal Rules 4001 and 9014. A Motion for Relief from the co-debtor stay is governed by 11 U.S.C. § 1301.