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This document is a legal memorandum addressing the motion filed by Deutsche Bank Trust Company Americas seeking relief from the automatic stay in a Chapter 7 bankruptcy case involving the debtors,

How to fill out memorandum on motion for

How to fill out Memorandum on Motion for Relief From Automatic Stay

1. Begin by heading the document with the title 'Memorandum on Motion for Relief From Automatic Stay'.
2. Include the case number and court name at the top of the document.
3. Introduce the parties involved in the motion (e.g., debtor, creditor).
4. Clearly state the relief being sought from the automatic stay.
5. Provide a background of the case, including relevant facts and the context of the motion.
6. Cite the legal grounds for the motion, referencing applicable statutes or case law.
7. Outline the arguments in support of the motion, providing supporting evidence as necessary.
8. Conclude with a summary of the request for relief from the automatic stay.
9. Include a signature line for the attorney and any other necessary endorsements.
10. Add any relevant exhibits or appendices that support your motion.

Who needs Memorandum on Motion for Relief From Automatic Stay?

1. Creditors seeking relief from the automatic stay to pursue collection actions.
2. Debtors needing to terminate or modify the automatic stay for specific purposes.
3. Individuals or businesses involved in bankruptcy proceedings affected by the automatic stay.

People Also Ask about

How do you get around an automatic stay?

Filing a Motion and Setting a Hearing Date -- A Motion for Relief from the Automatic Stay is commenced by filing the appropriate motion and setting the motion for a hearing date. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms.

Can you waive the automatic stay?

The enforcement of a prepetition waiver of the automatic stay is not automatic and requires approval from the bankruptcy court. [1] Even if deemed valid, the waiver alone does not allow the secured creditor to enforce its lien without first obtaining relief from the stay through the court.

What is a motion for relief from the automatic stay?

A motion for relief from automatic stay, also known as a stay relief motion, is something a creditor requests from the bankruptcy court. They essentially ask the court for permission to continue certain collection actions against you. In general, we see secured creditors file these motions.

How do you get around an automatic stay?

Filing a Motion and Setting a Hearing Date -- A Motion for Relief from the Automatic Stay is commenced by filing the appropriate motion and setting the motion for a hearing date. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms.

What are the exceptions to the automatic stay?

Creditors Obtaining Relief From the Automatic Stay -- If a creditor properly files and serves a Motion for Relief from the Automatic Stay, and a bankruptcy judge grants the Motion, the Automatic Stay will either be removed or modified so that the creditor can resume collection efforts against the debtor.

How to fight a motion to lift an automatic stay?

There are two fundamental ways you can fight a motion to lift an automatic stay for Chapter 13. The types of objections you can make are procedural and substantive. A procedural objection challenges the way the motion was filed, and a substantive objection challenges the substance of the motion itself.

For pdfFiller’s FAQs

What is Memorandum on Motion for Relief From Automatic Stay?

A Memorandum on Motion for Relief From Automatic Stay is a legal document filed in bankruptcy court that requests the court to lift the automatic stay, which is a provision that halts actions by creditors to collect debts from a debtor who has declared bankruptcy.

Who is required to file Memorandum on Motion for Relief From Automatic Stay?

Generally, creditors who wish to pursue collection actions against a debtor after they have filed for bankruptcy are required to file a Memorandum on Motion for Relief From Automatic Stay.

How to fill out Memorandum on Motion for Relief From Automatic Stay?

To fill out a Memorandum on Motion for Relief From Automatic Stay, one must include the case name, case number, specific relief sought, the grounds for the motion, and any relevant facts or legal arguments supporting the request. It is also important to include a certificate of service.

What is the purpose of Memorandum on Motion for Relief From Automatic Stay?

The purpose of the Memorandum on Motion for Relief From Automatic Stay is to formally request the bankruptcy court to grant permission for a creditor to continue pursuing collection actions against a debtor, thereby lifting the protections offered by the automatic stay.

What information must be reported on Memorandum on Motion for Relief From Automatic Stay?

Information that must be reported includes the identity of the debtor, the creditor's interest, the specific relief requested, justification for the relief, any supporting documentation, and compliance with service requirements to inform the debtor and other parties involved.