Relief from Co-Debtor Stay Notice with Certificate of Service

Official Procedure Last Change July 31, 2017

Relief from Co-Debtor Stay Notice with Certificate of Service

How to file: 

Location of event: Bankruptcy > Notices & Certifications > 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 

  • 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 CM/ECF.

2. Select Bankruptcy > Notices & Certifications.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Relief from Co-Debtor Stay Notice with Certificate of Service from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Objection deadline is calculated and displayed. Click Next.

9. Select the Motion for Relief to which this notice relates and click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.