Automatic Stay (Relief from)

Rev. 03/23/20
MOTION FOR RELIEF FROM AUTOMATIC STAY
 
Overview:
 
A motion for relief from the automatic stay is filed by creditors to seek permission of the court to take actions necessary to protect their interests (i.e. repossession or foreclosure). A motion for relief from stay may not be combined with a request for any other relief and the movant must seek concurrence of the debtor and the trustee, if one has been appointed. A certificate of concurrence/non-concurrence must accompany the motion or the court may deny the motion sua sponte. 
 
Motions for relief from the automatic sought for post-petition default in a chapter 11 or 13 case with respect to the debtor’s principal residence must be accompanied by LBF 4001-1.
 
A Motion filed without concurrence is self-scheduled and should be accompanied by the Motion/Pleading, Notice of Motion, and Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
 
For self-scheduled Matter Hearing Dates (CHS), please click here.
 
A Motion filed with concurrence should be accompanied by the Motion and Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
 
For order format, please see Proposed Orders
 
 
Codes, Rules and Forms:

Bankruptcy Code:

362

Bankruptcy Rule:

4001(a)

Local Rule:

4001-1

Local  Form:

4001-1
 
 
CM/ECF Event(s):
 
            Motions/Applications, Automatic Stay (Relief from)
            Motions/Applications, Automatic Stay (Relief from Co-Debtor)
 
 
I.     Noticing:
 

   A.       Type:              Semi-passive - 14 day language - hearing within 30 days.  Motion is self-scheduled and the hearing is outside 30 days from the filing
                                      of the motion, it is an automatic waiver.

   B.       Who Serves:    Movant

   C.       Service:           D, DA, T and/or UST, L20, COMM, P