Motion for Relief from Stay

Last Updated:  November 20, 2023

 

References:

CM/ECF Menu

Bankruptcy > Motions/Applications
Event

Motion for Relief from Stay
Type / Subtype order ; mrlfsty
Rules / Code / Resources

Fed.R.Bankr.P.4001

11 U.S.C. § 362(a)

 

Fed. R. Bankr. P. 4001(a)(1) requires that a motion for relief from the automatic stay provided by 11 U.S.C. § 362(a) must be made in accordance with Fed. R. Bankr. P. 9014. A motion to terminate, annul, modify, or condition the automatic stay must be accompanied by the appropriate filing fee. Every Relief From Stay Motion should include the Local Form, G-4, Required Statement to Accompany Relief From Stay.

When a party is filing a Motion for Relief from Stay, the appropriate motion event to select is Relief from Stay.  The Motion for Relief from Stay is a fee motion and you will be prompted at the end of the filing process to pay.  

 

 

Fee Charged

Motion for Relief from Stay (Terminate, Annul, Modify, or Condition) - single fee

Combined Motion for Relief from Stay and to Compel Trustee to Abandon Property per Rule 6007(b) - Motion event is Relief from Stay and Compel Abandonment single fee

Refer to Schedule of Fees for filing fee requirements.

No Fee Charged

There are exemptions for certain Motions for Relief from Stay.  These motions are no fee motions and require the filing of a different event:   

  • Relief from Co-Debtor Stay- no fee is due to file a motion for relief from the co-debtor stay. Motion event is Relief from Co-Debtor Stay.


    If filed with a Relief from Stay Motion, a single fee is charged

  • Agreed Order - no fee is due to file a motion for court approval of an agreement to any type of relief from the automatic stay. Motion event is Motion for Agreed Order.

  • Motion for Relief from Stay Filed by Child Support Creditor or Representative, if Official Form 2810 is attached to the motion or filed previously.

 

Step-By-Step Procedure:

  1. Select [Bankruptcy>Motions/Applications]

  2. Enter case number and click Next

  3. Select Relief Stay from pick list and click Next

  1. Select Party from party pick list or Add/create new party

  2. Click Next

    The Attorney/Party Association screen may display.  If it does, click here.

  1. Click Next

The PDF Document selection screen will display.

  1. Click Browse button and navigate to locate the appropriate document/file

  2. View file to verify the correct file is being selected

  3. Click Open button and filename will appear in the browse window

Next, the Proposed Order and  Required Statement to Accompany All Motions to Stay must be added as  attachments to the notice of motion and motion.

  1. Click Yes radio button for Attachment to Document and click Next

  2. Attach Proposed Order and Required Statement to Accompany All Motions to Stay

  1. Insert description of property

  1. Insert hearing date, time and select hearing location and click Next

The Modify Text screen will display.  Click down arrow to select a prefix if applicable.

  1. Click Next

The Final Text screen will display.  This is your final opportunity to modify the entry before submitting the filing.

  1. Verify the accuracy of the docket text

  2. Click Next to complete filing process

The Electronic Payment screen will appear.

Next, pay filing fee for your filing.

Electronic Payment

You have the option to:

Select one of the two options and close the window when done.

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.