Official Procedure Last Change December 1, 2019

Motion for Relief from Co-Debtor Stay

General Information

• The Code does not impose an automatic stay on actions against co-debtors in Chapter 7 and Chapter 11 cases.
• Relief from Co-Debtor Stay may not be combined with a Motion for Relief from Stay or Abandonment and Relief from Stay. Such a request for additional relief must be filed as a separate pleading. See the procedures on Motion for Relief from Stay and Motion for Abandonment and Relief from Stay

Filing requirements

• No filing fee is required.
• Use of the Court's sample form is encouraged.
• The Motion must be signed by the filing party or their attorney.
• The Motion  must specify:
  • The name of the Co-Debtor
  • The name of the creditor seeking Relief from Co-Debtor Stay
  • A description of the property as to which stay relief is sought
  • The amount of principal and interest due as of the date of the motion
  • Documents upon which the movant relies to establish its lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • Evidence of perfection of the movant’s lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached)
  • If the case is pending under Chapter 13 and a post-petition default is alleged, a post-petition payment history

• 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.
• A 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on the debtor or debtor's attorney, trustee, co-debtor and the US Trustee. The Notice may be included in the body of the Motion or filed separately using the Relief from Co-Debtor Stay Notice with Certificate of Service event.
• 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 and co-debtor
  • A description of the affected property
  • The address of the Clerk's office to which any objections must be sent
• The notice must be signed by the filing
• A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, the US Trustee, and co-debtor with complete address.
• 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 Relief from Co-Debtor Stay, Motion for 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. Enter Co-Debtor name. Click Next. 

11. Indicate whether the notice is included or will be filed separately. Click Next.

12. If you indicated that the notice is included, the objection due date is calculated and displayed. Click Next, unless pending motions are also displayed (see next step).

13. 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.

14. 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.

15. 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.

16. Upload proposed order.