How do Creditors File for Relief from the Automatic Stay?
General Rule – In many situations a creditor must obtain a court order granting relief from the Automatic Stay to have the right to take action against a debtor or property of the estate. This is true regardless of what type of action a creditor has already filed against the debtor in another court, or if the creditor has started (but not completed) taking action to repossess property of the debtor. If a creditor does not obtain a court order, that creditor could be sanctioned (i.e., fined), and any action taken by that creditor may be void. b) 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. For information on Motions , see FAQ After Filing #15. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms. Click here for a list of F 4001-1M form motions. There are several different types of mandatory
