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
☐ Later of the statutory 90-day or 30-day trigger has passed (including any timely ordered extension)
☐ Debtor has neither filed a plan with a reasonable possibility of timely confirmation nor commenced the statutory monthly payments
☐ Payments tested at the then-applicable nondefault contract rate on the value of the creditor's interest in the real estate

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

☐ Filing part of scheme to delay, hinder, or defraud creditors
☐ Scheme involved an unauthorized transfer of an interest in the real property or multiple bankruptcy filings affecting it
☐ Proposed order includes findings and precise property identification
☐ Two-year effect described as dependent on recording under applicable state law

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 or other party against whom relief is sought, served as required by Rules 9014 and 7004
☐ Debtor's attorney (if represented), as required by Rule 7004(g)
☐ Trustee or debtor in possession, as applicable
☐ Committee elected under § 705 or appointed under § 1102, its authorized agent, or the Rule 1007(d) creditor list when Rule 4001(a)(1)(A) requires it
☐ U.S. Trustee and any other entity required by local rule, standing order, notice procedure, or case-specific order
☐ Other parties claiming an interest in the property, as required by local practice or court order

Notice Period

☐ At least 7 days before the hearing under Rule 9006(d), unless Rule 4001, a local rule, or a court order sets a different period
☐ Local objection and negative-notice periods verified; do not assume a uniform nationwide 14-day period
☐ Hearing date: [__/__/____]
☐ Service deadline: [__/__/____]

Method of Service

☐ Each recipient classified under Rule 7004 and the matching service method recorded
☐ Debtor served at the Rule 7004(b)(9) address and represented debtor's attorney separately served under Rule 7004(g)
☐ Entity-specific addressing checked for individuals, corporations, partnerships, governmental entities, and federal parties
☐ Insured depository institution served by certified mail addressed to an officer unless a Rule 7004(h) exception applies
☐ CM/ECF notice treated as supplemental unless current court authority makes it sufficient for the required service
☐ 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: $199.00 under the current Bankruptcy Court Miscellaneous Fee Schedule, unless an exception applies; recheck before filing
☐ Payment method: [________________________________]

VII. Hearing and Decision Timing

Controlling Subsection

☐ Section 362(e)(2) checked first for a Chapter 7, 11, or 13 case with an individual debtor
☐ Otherwise, § 362(e)(1) timing and continuation requirements applied

Preliminary Hearing (§ 362(e)(1), when applicable)

☐ Court may grant preliminary relief
☐ Section 362(e)(1)'s 30-day stay-termination clock has been calculated from the request for relief
☐ Relief limited until final hearing

Final Hearing (§ 362(e)(1), when applicable)

☐ Final hearing scheduled: [__/__/____]
☐ If a preliminary hearing is held, the final hearing must be concluded within 30 days after the preliminary hearing concludes
☐ Any extension beyond that period is supported by the parties' consent or compelling circumstances under § 362(e)(1)

Section 362(e) termination / extension event

☐ Unless the court holds a preliminary hearing and orders the stay continued pending a final hearing, the stay terminates as to the movant's interest 30 days after the request for relief
☐ For an individual debtor under Chapter 7, 11, or 13, the § 362(e)(2) 60-day final-decision rule and its agreement/good-cause extension routes have been separately calendared

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
☐ Section 362(c)(3) predicates, exceptions, “with respect to the debtor” scope, controlling circuit law, and docket orders analyzed
☐ Any timely motion and order continuing the stay recorded
☐ Debtor had two+ cases dismissed within 1 year
☐ Section 362(c)(4) predicates, exceptions, and any order imposing or confirming the stay analyzed

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
☐ Rule 4001(a)(4) 14-day stay of the relief order checked; do not enforce the order immediately unless the court waives or alters that stay
☐ 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): [________________________________]