Overview:
A motion for relief from the automatic stay is filed by creditors to seek permission of the court to take actions necessary to protect their interests (i.e. repossession or foreclosure). A certificate of concurrence/non-concurrence must accompany the motion or the court may deny the motion sua sponte.
Motions for relief from the automatic sought for post-petition default in a chapter 11 or 13 case with respect to the debtor’s principal residence must be accompanied by LBF 4001-1.
A Motion filed without concurrence is self-scheduled and should be accompanied by the Motion/Pleading, Notice of Motion, and Proposed Order. When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
For self-scheduled Matter Hearing Dates (CHS), please click here.
A Motion filed with concurrence should be accompanied by the Motion and Proposed Order. When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed. For order format, please see Proposed Orders.
Codes, Rules and Forms:
| Bankruptcy Code: | 362 | Bankruptcy Rule: | 4001(a) | Local Rule: | 4001-1 | Local Form: | 4001-1 |
CM/ECF Event(s):
Motions/Applications, Automatic Stay (Relief from) Motions/Applications, Automatic Stay (Relief from Co-Debtor)
Noticing:
| A. Type: | Semi-passive - 14 day language - hearing within 30 days. Motion is self-scheduled and the hearing is outside 30 days from the filing of the motion, it is an automatic waiver. |
| B. Who Serves: | Movant |
| C. Service: | D, DA, T and/or UST, L20, COMM, P |
Rev. 12/02/24