What is a Motion for Relief From Stay?
Under certain circumstances, a creditor or a party seeking to continue an action outside of the bankruptcy will file a motion for relief from stay. Typically, the creditor is seeking to foreclose on property, sell it and apply the proceeds to the debt. The motions are most common in cases where there is no value in the property for the bankruptcy trustee to administer in excess of valid liens and claims of exemption. If you want to object to a motion for relief from stay, you must do so in writing by filing your objection with the Court on or before the objection date listed in the notice sent to you and appearing at the preliminary hearing scheduled in that notice. Do not simply appear on the hearing date to state your objection, because relief will be granted and the hearing will not be held unless an objection has been filed. If a motion for relief from stay is filed in your case, you should contact a bankruptcy attorney.
