Motion for Relief from Stay and Compel Abandonment

 

Official Procedure - Last Updated: November 20, 2023

11/20/2023 - Added Fee Schedule link.

May 31, 2016 to change title to "Relief from Stay and Compel Abandonment."

Created:  December 21, 2007 as "Motion for Relief from Stay and Compel Trustee to Abandon."

 

Required Fee

Refer to Schedule of Fees for Filing Fee requirements.

 

A party may combine a motion for relief from the automatic stay with a motion to compel abandonment of property of the estate and pay a single fee. You will be prompted to pay the filing fee at the end of the filing process.  

 

The " Required Statement to Accompany All Motions for Relief from Stay" must be filed as an attachment.  Do not file this document as a separate filing.

 

Step-by-Step Procedures:

  1. Select [Bankruptcy>Motions/Applications]

  2. Enter case number and click Next

  3. Select Relief from Stay and Compel Abandonment from pick list and click Next

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

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

    Click Next

  1. The following message will display: WARNING: This event is for a 2 part motion for Relief from Stay AND to Compel Abandonment.

    Click Next

  1. The following message will display next to a blank text box: : Description of Property: . Enter property address or description of property in the text box and

    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 for Relief From Stay must be added as attachments to the notice of motion and motion.

You should have a pdf file for each document.

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

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

  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.