Bankruptcy court · Motions
Motion for Relief from the Automatic Stay
Seeks relief from the automatic stay.
Filed by: Creditor or party in interest
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Motion stating the grounds for relief (FRBP 4001(a)(1))
- Evidence of the claim, collateral and value
- Proposed order
- Notice and service on the debtor, trustee and others required by FRBP 4001(a)(1)
- Filing fee
Deadline and length
Deadline: The stay terminates 30 days after the request unless the court continues it after notice and hearing (11 U.S.C. § 362(e)(1)).
Governing rules
- 11 U.S.C. § 362(d)
- FRBP 4001(a)
Check the local rules for
- Required relief-from-stay worksheet or cover sheet
- Hearing / notice-of-motion procedure and briefing schedule
Applies in federal bankruptcy courts. Find your court for its local requirements.
Other motions
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.