Bankruptcy Motion for Relief from Stay Checklist

Bankruptcy Motion for Relief from Stay Checklist

Court: United States Bankruptcy Court for the [________________________________]

Case Number: [________________________________]

Debtor: [________________________________]

Movant/Creditor: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Understanding the Automatic Stay (11 U.S.C. § 362)

What the Stay Prohibits

☐ Commencing or continuing lawsuits against debtor
☐ Enforcement of prepetition judgments
☐ Acts to obtain possession of property
☐ Acts to create, perfect, or enforce liens
☐ Collection of prepetition debts
☐ Setoff of prepetition debts

When Stay Applies

☐ Stay effective upon petition filing
☐ Applies to debtor and property of the estate
☐ Continues until case closed, dismissed, or discharge granted

II. Grounds for Relief from Stay (11 U.S.C. § 362(d))

Ground 1: Cause, Including Lack of Adequate Protection (§ 362(d)(1))

☐ "Cause" exists for relief
☐ Typical causes:
☐ Lack of adequate protection of interest in property
☐ Debtor's failure to maintain insurance
☐ Debtor's failure to make payments
☐ Dissipation of collateral
☐ Bad faith filing
☐ Other cause: [________________________________]

Ground 2: No Equity and Property Not Needed (§ 362(d)(2))

☐ Debtor has no equity in property, AND
☐ Property not necessary for effective reorganization
☐ Applies to property of the estate

Ground 3: Single Asset Real Estate (§ 362(d)(3))

☐ Property is single asset real estate
☐ Debtor failed to file plan within 90 days (or extended period)
☐ Debtor failed to commence interest payments within 90 days

Ground 4: In Rem Relief on Real Property (§ 362(d)(4))

☐ Filing part of scheme to delay, hinder, or defraud creditors
☐ Multiple bankruptcies on same property
☐ Seeking in rem relief for 2 years

III. Motion Preparation

Required Contents

☐ Caption with case number
☐ Title: "Motion for Relief from Automatic Stay"
☐ Identity of movant
☐ Description of property
☐ Grounds for relief (§ 362(d) subsection)
☐ Facts supporting grounds
☐ Relief requested
☐ Declaration/Affidavit with factual support
☐ Proposed order

Factual Declarations

☐ Declaration of authorized representative
☐ Loan/account history
☐ Payment default details
☐ Insurance status
☐ Property value evidence
☐ Any adequate protection offered

Property Description

☐ Real property: legal description and address
☐ Personal property: VIN, serial number, description
☐ Secured debt balance
☐ Value of property
☐ Equity calculation

IV. Required Exhibits

For Real Property

☐ Copy of note/mortgage
☐ Copy of recorded deed of trust/mortgage
☐ Payment history
☐ Proof of default
☐ Appraisal or BPO (value)
☐ Insurance status documentation
☐ Property tax status

For Personal Property (Vehicles, etc.)

☐ Copy of security agreement
☐ Copy of certificate of title showing lien
☐ Payment history
☐ Proof of default
☐ Valuation (NADA, Kelley Blue Book, etc.)
☐ Insurance status

V. Service Requirements (Bankruptcy Rule 4001(a)(1))

Parties to Serve

☐ Debtor
☐ Debtor's attorney (if represented)
☐ Trustee (if appointed)
☐ U.S. Trustee
☐ Any committee appointed
☐ Other parties with interest in property

Notice Period

☐ 14 days before hearing (minimum notice)
☐ Hearing date: [__/__/____]
☐ Service deadline: [__/__/____]

Method of Service

☐ CM/ECF electronic service (registered parties)
☐ First class mail (non-registered parties)
☐ Certificate of service filed

VI. Filing Process

CM/ECF Filing

☐ Motion filed electronically
☐ All exhibits attached
☐ Proposed order uploaded
☐ Declaration(s) attached
☐ Certificate of service included

Filing Fee

☐ Motion filing fee: $188.00 (verify current amount)
☐ Payment method: [________________________________]

VII. Hearing and Decision Timing

Preliminary Hearing (Bankruptcy Rule 4001(a)(2))

☐ Court may grant preliminary relief
☐ Preliminary hearing typically within 14 days
☐ Relief limited until final hearing

Final Hearing

☐ Final hearing scheduled: [__/__/____]
☐ Must be concluded within 30 days after preliminary hearing began
☐ Court may extend for good cause

Automatic Termination of Stay

☐ If court does not rule within 30 days, stay terminates as to movant's interest
☐ Unless parties consent to extension
☐ Or court orders stay continued for specific time

VIII. Opposition and Reply

Debtor's Opposition

☐ Opposition deadline: [__/__/____]
☐ Common defenses:
☐ Adequate protection provided
☐ Equity exists in property
☐ Property needed for reorganization
☐ Debtor curing default through plan
☐ Account dispute

Movant's Reply

☐ Reply deadline: [__/__/____]
☐ Address opposition arguments

IX. Adequate Protection Offers

Types of Adequate Protection (11 U.S.C. § 361)

☐ Cash payments
☐ Additional or replacement liens
☐ Other relief providing indubitable equivalent

Evaluating Debtor's Offer

☐ Adequate protection sufficient: ☐ Yes ☐ No
☐ Protects against decrease in value
☐ Payments maintain equity cushion

X. Relief Available

Types of Relief

☐ Termination of stay - stay completely lifted
☐ Modification of stay - stay modified with conditions
☐ Annulment of stay - retroactive relief
☐ Conditioning continuation - stay continues with conditions

Conditioning Relief

☐ Require adequate protection payments
☐ Require insurance maintenance
☐ Set deadline for plan confirmation
☐ Other conditions

XI. Special Situations

Serial Filings (§ 362(c)(3) and (4))

☐ Debtor had case dismissed within 1 year
☐ Stay terminates in 30 days unless extended by court
☐ Motion to extend stay filed by debtor
☐ Debtor had two+ cases dismissed within 1 year
☐ No stay in effect without court order

Co-Debtor Stay (Chapter 13 - § 1301)

☐ Motion also seeks relief from co-debtor stay
☐ Grounds for co-debtor stay relief: [________________________________]

XII. Hearing Preparation

Prepare for Hearing

☐ Review all filed documents
☐ Prepare direct examination of witnesses
☐ Prepare cross-examination
☐ Organize exhibits
☐ Draft proposed order

Evidence for Hearing

☐ Business records authenticated
☐ Witness(es) available
☐ Valuation evidence ready
☐ Payment history verified

XIII. Post-Hearing

If Motion Granted

☐ Order entered
☐ Stay lifted as of order date
☐ Proceed with collection/foreclosure
☐ Record order if real property

If Motion Denied

☐ Order entered
☐ May be subject to conditions
☐ Consider appeal (if grounds exist)
☐ Comply with court's order

XIV. Quality Control Checklist

Before Filing

☐ Correct debtor name and case number
☐ All grounds clearly stated
☐ All supporting facts in declaration
☐ All required exhibits attached
☐ Filing fee ready
☐ Proposed order prepared
☐ Certificate of service prepared

After Filing

☐ Hearing date confirmed
☐ Service completed on all parties
☐ Proof of service filed
☐ Deadline for opposition noted
☐ Prepared for hearing

XV. Document Tracking Log

XVI. Key Deadlines

Sources and References

• 11 U.S.C. § 362: https://uscode.house.gov/view.xhtml?req=11+USC+362
• Bankruptcy Rule 4001: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure
• Local Bankruptcy Court Rules: [Specific Court Website]

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]