Relief from Co-Debtor Stay Notice with Certificate of Service

General Information

• This event is used when a Motion for Relief from Co-Debtor Stay has already been filed, but the 14-day Objection Notice was not filed as part of that Motion or a deficiency was issued by the Court regarding the Notice for a Motion for Relief from Co-Debtor Stay. This event allows the separate filing of the Objection Notice.

Note: If you are curing a deficiency that was issued relating to the notice only, it is not necessary to re-file the Motion.

Filing Requirements

• Use of the Court's sample form is encouraged

• The Notice must specify:

• • A 14 day objection period from the date the Notice was served

  • The name of the creditor seeking Relief from Stay

  • The name of the co-debtor

  • The address of the Clerk's office to which any objections must be sent

• The Notice must be signed by the filing party.

• A Certificate of Service must be filed with proof of service to Co-Debtor with complete address along with service to debtor, debtor’s attorney, trustee, US Trustee and parties that have entered an appearance.

Step-by-Step Instructions

1. Log into ECF

    

2. Select Bankruptcy > Notices & Certifications

    

3. Enter case number. Click Next

    

4. Select Relief from Co-Debtor Stay Notice with Certificate of Service. Click Next

    

5. Click Next. Or, if joint filing with another attorney, check box and click Next.

    

6. Select party and click Next. If party is not listed click Add/ Create New Party

    

7. Go to step 8 or, if the attorney/ party association screen appears, click here for more information.

    

8. Browse to select correct .PDF file. Click Next

    

9. Enter date of service for notice. Click Next

10. Review objection due date. Click Next

     

11. Check box next to appropriate filing. Click Next

     

12. If applicable, select prefix text and click Next

     

13. Verify final docket text and click Next to submit and to review the Notice of Electronic Filing.

Curing Deficiencies

If the Notice is deficient, an amended Notice must be filed prior to the deficiency deadline using the instructions above, or both the Notice and related Motion may be stricken.

If only the Certificate of Service is deficient, an amended Certificate of Service must be filed prior to the deficiency deadline using ECF event Certificate of Service or both the Notice and related Motion may be stricken.