What is a Motion For Relief from the Automatic Stay?

In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay.

A Motion for Relief from the Automatic Stay is commenced by the filing of a motion. Local Bankruptcy Rule 4001-1 prescribes the procedures for filing a motion for relief from the automatic stay. (Each motion shall be supported by all documents which assert a valid perfected security interest or support an assertion of lack of adequate protection or of equity in that property.)

The filing fee for a Motion for Relief from the Automatic Stay is $199.00. The original Motion for Relief from the Automatic Stay is required upon filing.

A downloadable Relief From Stay Manual is available to explain the process in detail.

What is a Lien?

A lien is a claim or charge on property to secure payment of a debt or performance of an obligation.

What is a Motion to Avoid Lien?

For information, review Local Rule 4003-2

What is an adversary proceeding?

An Adversary Proceeding is a lawsuit arising in or related to a bankruptcy case, filed by a party called a "plaintiff" against a party called a "defendant." Adversary proceedings are initiated by filing a document called a "complaint" with the court to resolve both federal and state law issues. Certain types of disputes cannot be handled by motion in the bankruptcy case, but instead require the commencement of an adversary proceeding. Federal Bankruptcy Rule 7001 lists certain types of actions that require an adversary proceeding. Adversary proceedings are governed for the most part by Part VII of the Federal Rules of Bankruptcy Procedure. These rules incorporate most of the Federal Rules of Civil Procedure and are designed to make practice before the bankruptcy and district courts as similar as possible.