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How do you file a motion for relief from bankruptcy stay?

In: Bankruptcy Law [Edit categories]

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The exact procedure will vary depending on the local procedures of the local bankruptcy. Some bankruptcy courts have mandatory forms while others have optional (but helpful) forms that show you everthing you need to do.

You have to file and serve notice of the motion to the debtor or debtor's attorney and pay a filing fee. You will need points & authorites (legal arguments) to support the motion. You will also need declarations to prove that you have grounds for the motion (i.e. my tenant isn't making payments).

Some cours grant the motion automatically if the debtor doesn't object. Others require the moving party to obtain a hearing date and notify the debtor of the hearing date. If the debtor objects and files opposition, you can file a rebuttal called a reply.

If the motion is granted, you should have a formal order signed by the judge so you can take whatever action you are requesting.

First answer by Chslaw. Last edit by Chslaw. Contributor trust: 908 [recommend contributor ]. Question popularity: 21 [recommend question].

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