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  1. Bankruptcy Glossary
  2. Relief From The Automatic Stay

What is Relief From The Automatic Stay?

The automatic stay is initiated when the debtor files their bankruptcy petition. The automatic stay may be lifted for certain secured creditors if they can prove "cause". Secured creditors who wish to continue their debt collections efforts must file (with the Bankruptcy Court) a Motion for Relief from the Automatic Stay. In some circumstances, if the trustee, the creditor and the debtor are in agreement, the creditor must file a Stipulation for Relief.

Creditors must make a $150 payment for a Motion for Relief from an Automatic Stay which can be made by cash, money order or cashier's check. Whichever party files the motion must pay the filing fee (including the debtor). The filer must provide the court 1) the payment for the relief 2) the original Motion for Relief from the Automatic Stay and 3) the original Notice of the Motion for Relief. This form provides details for the Motion of Relief and outlines the methods for the parties to file their objections to the motions which must be done within 15 days from the date the motion is served to them, it must be done in writing and the original form must be filed with the Bankruptcy Court.