Motion for Adequate Protection
11 U.S.C. 361 Event: Bankruptcy > Motions/Applications > Adequate Protection |
A Motion for Adequate Protection is generally filed by a secured creditor who is concerned about the collateral and is seeking either monetary relief (in the form of a cash payment for the debtor's continued use of the collateral) or some other relief (such as proof of car insurance or the like).
Filing Requirements:
- Motion for Adequate Protection
- Notice of Motion. Usually 14 days to object unless circumstances require more or less time. Notice is sent to the parties in interest.
- Note: In a Chapter 11 case, notice is also sent to the Creditors' Committee, or if no committee was appointed, to the list of 20 largest unsecured.
- Proof of Service
- Proposed Order (may be filed after the last day to object has expired)
To File Electronically:
- Log into CM/ECF.
- Select [Bankruptcy > Motions/Applications].
- Enter the case number (e.g, xx-xxxxx).
- Select [Adequate Protection] from the event list.
Note: When a Motion for Adequate Protection is combined with another relief type, Ctrl and click to select multiple events. - 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. - 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. - Electronically file the Proposed Order. Instructions