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Motion for Relief from Stay

Official Procedure Last Change December 1, 2019

Motion for Relief from Stay

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Relief from Stay, Motion for

General Information

  • If you are seeking to file a Motion for Relief from Stay including a request for abandonment, see separate instructions for filing a Motion for Abandonment and Relief from Stay.
  • Requests for relief from the co-debtor stay must be filed separately. See separate instructions for details.
  • An Agreed Motion for Relief from Stay filed by two or more parties (which consist of debtor(s), trustee, or creditor) should be filed using the instructions below, choosing the Agreed option from the drop down list.  See more information on agreed motions  The Agreed Entry menu option should only be used when filing a resolution to a previously filed motion.
  • The Bankruptcy Judges have determined that they will not include an award of attorney fees or expenses to the prevailing party when granting a motion for relief from stay and/or abandonment. Do not include language awarding such fees and expenses in any proposed orders when the Court is granting the relief requested. The Court will continue to award fees and expenses, as appropriate, when the request for relief is denied. This directive does NOT apply to agreements between the debtor and the creditor about stay relief, nor does it apply when the Judge denies relief from the stay. (See Clerks Notice dated August 14, 2008)

Filing requirements

  • A Motion for Relief from Stay filing fee is due unless the Motion meets the requirements to be waived as prescribed by the Bankruptcy Court Miscellaneous Fee Schedule (e.g. the Motion is an Agreed Motion), or is a corrected motion.
  • 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 creditor seeking Relief from 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 included certifying that the Motion was served on the debtor or debtor's attorney, trustee and the US Trustee.
  • Unless you are refusing to waive the 30-day hearing requirement,, 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 and the US Trustee. The Notice may be included in the body of the Motion or filed separately using the Relief from 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
    • 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 party.
  • A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, and the US Trustee.
  • A proposed order must be uploaded.

Step-by-Step Instructions

If filing a Corrected Motion for Relief from Stay, use the instructions below to avoid being charged a duplicate filing fee.

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 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. Select relevant radio button and click Next.

11. Fee information is displayed. Click Next.

12. A Notice is displayed. Click Next.

13. Indicate whether the notice is attached or will be filed separately. Click Next.

14. If you indicated that the notice is included, the objection deadline is automatically calculated and displayed. Click Next.

15. 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.

16. 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.

17. 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.

18. Upload proposed order.

 

Step-by-Step Instructions to file a Corrected Motion

These instructions should only be used when filing a correction to an already-filed Motion for Relief from Stay.

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 Stay, Motion for (Corrected - Fee Previously Paid) from the event list and click Next.

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

6. 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.

7. 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.

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

9. Click to select the Motion that your current filing is correcting and click Next.

10. If you are filing a corrected objection notice along with the corrected Motion, choose the Yes radio button, otherwise choose No. Click Next.

11. If you chose Yes in the step above, indicate whether the notice is attached or will be filed separately and click Next. If you indicated that the notice is included, enter service date and click Next.

12. Review ECF notice and enter receipt number from the original Motion (this is listed on the docket). Click Next.

13. If the Motion you are correcting was not filed electronically (i.e., you mailed or hand delivered it to the Court), you are asked if you wish to waive the hearing time limit requirement. Select the appropriate radio button and click Next.

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

Note: Do not choose Amended - the docket text will automatically show that your current Motion is a correction to a previously filed one.

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 if you have not already done so, or if you need to upload a corrected one.