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Motion to Enforce Automatic Stay

Official Procedure Last Change April 27, 2015

Motion to Enforce Automatic Stay

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Enforce Automatic Stay, Motion to

Things to be aware of when filing: Any request for sanctions must be filed as a separate motion.

 

General Information

A motion to enforce automatic stay is used when a party has violated the Automatic Stay issued pursuant to §362 at the filing of the case. It is typically used to force a creditor to cease collection efforts or to turnover property that has been wrongfully repossessed.

If seeking only an award of damages for violation of the stay, the Motion for Sanctions event should be used.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • Any request for sanctions must be filed as a separate motion.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Enforce Automatic Stay, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. 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.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

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

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

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.

13. Upload proposed order.