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This document is a legal motion filed in the United States Bankruptcy Court, requesting relief from the automatic stay in a Chapter 11 bankruptcy case, allowing ongoing civil discovery and proceedings
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How to fill out motion for relief from
How to fill out MOTION FOR RELIEF FROM THE AUTOMATIC STAY
01
Obtain the correct court form for the Motion for Relief from Automatic Stay.
02
Fill out your personal information, including your name, address, and case number.
03
Clearly state the reasons for requesting relief from the automatic stay.
04
Include specific details about the property or debt involved.
05
Provide any supporting evidence or documentation to back your claims.
06
Sign and date the motion.
07
File the motion with the appropriate court and pay any required filing fees.
08
Serve a copy of the motion to the other parties involved in the case, such as the debtor or their attorney.
09
Prepare for a potential hearing by organizing your arguments and evidence.
Who needs MOTION FOR RELIEF FROM THE AUTOMATIC STAY?
01
Creditors seeking to collect debts during a bankruptcy proceeding.
02
Landlords wishing to evict a tenant who has filed for bankruptcy.
03
Any party wanting to proceed with legal action on a debt that is currently stayed due to bankruptcy.
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What is MOTION FOR RELIEF FROM THE AUTOMATIC STAY?
A Motion for Relief from the Automatic Stay is a legal request filed with the bankruptcy court to obtain permission to proceed with a collection action against a debtor's property despite the automatic stay that is typically invoked when a bankruptcy case is filed.
Who is required to file MOTION FOR RELIEF FROM THE AUTOMATIC STAY?
Typically, a creditor who wishes to regain the right to pursue collection actions against a debtor's assets may file a Motion for Relief from the Automatic Stay.
How to fill out MOTION FOR RELIEF FROM THE AUTOMATIC STAY?
To fill out a Motion for Relief from the Automatic Stay, a creditor must complete the appropriate court forms, including the motion itself and any supporting documentation that outlines the reasons for the request, such as the nature of the debt and the creditor's interest in the property.
What is the purpose of MOTION FOR RELIEF FROM THE AUTOMATIC STAY?
The purpose of a Motion for Relief from the Automatic Stay is to allow creditors to proceed with actions such as foreclosure, repossession, or other collection efforts against a debtor's property when they believe that their interests are not adequately protected by the automatic stay.
What information must be reported on MOTION FOR RELIEF FROM THE AUTOMATIC STAY?
The motion must include the identity of the parties involved, a description of the property at issue, the reasons for seeking relief from the stay, any pertinent facts relating to the debtor's bankruptcy case, and any supporting evidence that bolsters the motion.
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