Motion for Relief from Stay and Abandonment
11 U.S.C. 362(d), 554(b) Event: Bankruptcy > Motions/Applications > Relief from Stay and Abandonment Related Topic: Letter Renewing Motion / Affidavit of Default |
Filing Requirements:
- Motion for Relief from Stay and Abandonment
- Notice of Motion. Usually 14 days to object unless circumstances require more or less time. Notice is sent to all creditors .
- Note: In a chapter 11 case, notice should also be sent to the creditors' committee, or if no committee was appointed, to the list of 20 largest unsecured creditors.
- Proof of Service
- Proposed Order (may be filed after the last day to object has expired)
- $199.00 filing fee
Note:
No filing fee is required if the Motion is filed by the Trustee, or debtor in possession in a Chapter 11 case.
No filing fee is required when a stipulation for Relief from Stay AND Abandonment is filed by any party.
To File Electronically:
- Log into CM/ECF.
- Select [Bankruptcy > Motions/Applications].
- Enter the case number (e.g, xx-xxxxx).
- Select [Relief from Stay and Abandonment] from the event list.
Note: Motion for Relief from Stay and Abandonment is the only combined motion event. Do not select these two events separately, as you will be charged twice (2 x $199.00). - Select the party filer. If the party is not listed, click on Add/Create New Party.
Note: The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association. -
Browse to select the Motion (.pdf file).
Note: The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF. - Enter the last day to object (defaults to 14 days; modify if necessary).
Note: Remove this date if you are not filing a Notice at this time. - To pay via credit card, leave the receipt field blank and select NEXT to continue filing.
Note: If filing fee is exempt, type "exempt" in receipt field. - Modify the text as appropriate.
- Verify the final docket text; if correct, click [Next] to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.