Motion for Relief from Stay
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Motion for Relief from Stay
Last Updated: December 1, 2020

11 U.S.C. 362(d)
Fed. R. Bank. P. 4001(a)

Event: Bankruptcy > Motions/Applications > Relief from Stay

Related Topic: Letter Renewing Motion / Affidavit of Default

Filing Requirements:

  • Motion for Relief from Stay

  • Notice of Motion. Usually 14 days to object unless circumstances require more or less time.  Notice is sent to the parties in interest.

    Note: In a chapter 11 case, notice should also be sent to the creditors' committee, or if no committee was appointed, to the list of 20 largest unsecured creditors.

  • Proof of Service

  • Proposed Order (may be filed after the last day to object has expired)

  • $188.00 filing fee

    Note: Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. § 1930.

    No filing fee is required if the Motion is filed by the debtor, a federal agency, or a child support creditor. No filing fee is required for relief from the co-debtor stay or a Stipulation for Relief from Stay.

To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Relief from Stay] from the event list.

    Note: When a Motion for Relief from Stay is combined with another relief type, Ctrl and click to select multiple events. Example: Relief from Stay, or in the alternative, Adequate Protection. When filing a Motion for Relief from Stay and Abandonment, use the event Relief from Stay and Abandonment to avoid a duplicate fee.

  5. Select the party filer. If the party is not listed, click on Add/Create New Party.

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

  6. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  7. Enter the last day to object (defaults to 14 days; modify if necessary).

    Note:  Remove this date if you are not filing a Notice at this time.

  8. To pay via credit card, leave the receipt field blank and select NEXT to continue filing.  

    Note: If filing fee is exempt, type "exempt" in receipt field.

  9. Modify the text as appropriate.

    Note: If you selected more than one relief type, select and/or from the second prefix box.

  10. 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.