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How do I file a motion for relief from the automatic stay?

In order for a party to continue a proceeding against the debtor or a co-debtor that has been stayed because of the filing of a bankruptcy, (s)he must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Motion for Relief from the Co-Debtor Stay . If the parties are in agreement, a Stipulated Order concerning the automatic stay using LBF #720.90 may be filed.

A Motion for Relief from the Automatic Stay or a Motion for Relief from the Co-Debtor Stay is commenced by the filing of a motion. This motion cannot be combined with any other motion or request for alternative relief. Procedures and general requirements for filing one of these motions are found in the Local Bankruptcy Rules (LBR 4001-1) and LBF #720.50 (General Relief From Stay Procedures). For Chapter 7 and 13 motions for relief from stay, and/or for Chapter 13 motions for relief from co-debtor stay, draft a Motion For Relief From Debtor/Co-Debtor Stay using LBF #720.80 and attach Notice of Motion using LBF #720. For Chapter 11 or 12 motions for relief from stay, draft a custom motion and attach the Notice of Motion using LBF #1124. For Chapter 12 motions for relief from co-debtor stay, draft a custom motion, and attach the Notice of Motion using LBF #1220 and the Notice of Hearing using LBF #1220.5. Orders pertaining to relief from stay are filed with the Court using LBF#720.90.

The filing fee for a Motion for Relief from the Automatic Stay is found on the Court Fees List.

In Chapter 7 cases, when a party has a security interest in property in which the debtor has no equity and if the debtor does not object to the release of the property, the trustee may grant non-judicial relief from stay upon the presentation of the appropriate documentation. See LBF #715 and LBF #750 for more specific information. There is no fee for Non-Judicial Relief From Stay.

Type: 
For Creditor