MOTION FOR RELIEF FROM AUTOMATIC STAY

Pursuant to 11 U.S.C. Section 362(d)

UNITED STATES BANKRUPTCY COURT

[DISTRICT NAME]

In re:

[DEBTOR NAME(S)],

Debtor(s).

Case No.: _________________
Chapter: ☐ 7 ☐ 13 ☐ 11

MOTION FOR RELIEF FROM AUTOMATIC STAY

Pursuant to 11 U.S.C. Section 362(d)

[MOVANT/CREDITOR NAME] ("Movant"), by and through undersigned counsel, respectfully moves this Court for relief from the automatic stay imposed by 11 U.S.C. Section 362(a), and in support thereof states as follows:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. Sections 157 and 1334.

2. This is a core proceeding under 28 U.S.C. Section 157(b)(2)(G).

3. Venue is proper in this District pursuant to 28 U.S.C. Section 1409.

II. PARTIES

4. Movant is:

[CREDITOR/MOVANT NAME]
[ADDRESS]
[CITY, STATE ZIP]

5. Movant holds a claim against the Debtor(s) and/or the bankruptcy estate secured by an interest in property of the Debtor(s) and/or the estate.

III. BACKGROUND

6. On [FILING DATE], the Debtor(s) filed a voluntary petition for relief under Chapter [7/13/11] of the Bankruptcy Code.

7. The automatic stay under 11 U.S.C. Section 362(a) is currently in effect.

8. The Section 341 Meeting of Creditors was held on [DATE] / is scheduled for [DATE].

IV. THE COLLATERAL

9. Movant holds a security interest in the following property ("Collateral"):

☐ REAL PROPERTY:

☐ PERSONAL PROPERTY:

V. THE DEBT AND SECURITY INTEREST

10. The Movant's claim arises from:

11. The security interest was perfected by:

☐ Recording of Deed of Trust/Mortgage on ____/____/____ in [COUNTY] County as Document No. [NUMBER]
☐ Recording of UCC-1 Financing Statement on ____/____/____ with [SECRETARY OF STATE/COUNTY]
☐ Possession of Collateral
☐ Other: _________________________________

12. A copy of the recorded security instrument is attached as Exhibit B.

VI. DEFAULT

13. The Debtor(s) are in default under the terms of the obligation:

☐ Pre-Petition Default:

☐ Post-Petition Default:

VII. GROUNDS FOR RELIEF

A. Relief Under Section 362(d)(1) - Cause

☐ Cause exists to grant relief from stay, including lack of adequate protection

14. Movant's interest in the Collateral is not adequately protected because:

☐ Debtor(s) have failed to make post-petition payments
- Payments due: $_____________
- Payments made: $_____________
- Deficiency: $_____________

☐ Collateral is depreciating/declining in value
- Value at filing: $_____________
- Current value: $_____________
- Monthly depreciation: $_____________

☐ Collateral is not insured

☐ Collateral is being damaged/wasted

☐ Debtor has no equity and property is not necessary for reorganization

☐ Other cause: _________________________________

B. Relief Under Section 362(d)(2) - No Equity / Not Necessary

☐ Debtor has no equity in the Collateral AND the Collateral is not necessary for an effective reorganization

15. No Equity Analysis:

16. Debtor's equity in the Collateral is $[AMOUNT] / negative $[AMOUNT].

17. Not Necessary for Reorganization:

☐ This is a Chapter 7 case - no reorganization contemplated
☐ Debtor has abandoned the property
☐ Debtor has stated intention to surrender
☐ Property is not income-producing
☐ Debtor has alternative housing/transportation
☐ Other: _________________________________

C. Relief Under Section 362(d)(3) - Single Asset Real Estate

☐ This is a single asset real estate case

18. The property qualifies as "single asset real estate" under 11 U.S.C. Section 101(51B).

19. The Debtor has failed to file a plan having a reasonable possibility of being confirmed within 90 days after the order for relief OR to commence making monthly payments equal to interest at the current fair market rate on the value of the Movant's interest.

D. Relief Under Section 362(d)(4) - Bad Faith Filing

☐ Filing was part of a scheme to delay, hinder, or defraud creditors

20. The filing appears to be part of a scheme involving:
    - Multiple bankruptcy filings
    - Transfer of property
    - Fraudulent intent
    - Other: _________________________________

VIII. PRIOR BANKRUPTCY FILINGS

21. The Debtor(s) have filed the following bankruptcy cases within the past year:

22. Under 11 U.S.C. Section 362(c)(3) or (c)(4), the automatic stay:

☐ Terminated after 30 days
☐ Never went into effect
☐ Was extended by court order

IX. REQUESTED RELIEF

WHEREFORE, Movant respectfully requests that this Court enter an Order:

☐ Granting relief from the automatic stay to allow Movant to:
☐ Foreclose upon the real property
☐ Repossess the personal property
☐ Exercise all rights and remedies under state law
☐ Proceed with pending state court action Case No. _____________
☐ Other: _________________________________

☐ Granting in rem relief under 11 U.S.C. Section 362(d)(4)

☐ Annulling the automatic stay retroactive to the petition date

☐ Waiving the 14-day stay under Fed. R. Bankr. P. 4001(a)(3)

☐ Granting adequate protection pending a final hearing

☐ Granting such other and further relief as the Court deems just and proper

X. EXPEDITED HEARING REQUEST

☐ Movant requests an expedited hearing because:

_____________________________________________________________________________

Dated: ____/____/________

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
[STATE BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Movant [CREDITOR NAME]

EXHIBITS

☐ Exhibit A: Legal Description / Property Description
☐ Exhibit B: Recorded Security Instrument (Deed of Trust/Mortgage/Security Agreement)
☐ Exhibit C: Payment History
☐ Exhibit D: Appraisal/Valuation
☐ Exhibit E: UCC Filing (if applicable)
☐ Exhibit F: Insurance Lapse Notice (if applicable)
☐ Exhibit G: Prior Bankruptcy Case Documents (if applicable)

PROPOSED ORDER

[COURT HEADER]

ORDER GRANTING RELIEF FROM AUTOMATIC STAY

Upon consideration of Movant's Motion for Relief from Automatic Stay, and after notice and hearing, and good cause appearing;

IT IS HEREBY ORDERED:

1. The Motion is GRANTED.

2. The automatic stay imposed by 11 U.S.C. Section 362(a) is hereby TERMINATED/MODIFIED to permit [CREDITOR NAME] to exercise all rights and remedies against the property described as:

[PROPERTY DESCRIPTION]

3. Movant may proceed with foreclosure, repossession, or other enforcement actions under applicable nonbankruptcy law.

4. The 14-day stay under Fed. R. Bankr. P. 4001(a)(3) is [WAIVED / NOT WAIVED].

5. This Order is binding and effective in any subsequent bankruptcy case filed by the Debtor(s) within [180 days / 2 years] pursuant to 11 U.S.C. Section 362(d)(4).

Dated: ____/____/________

_________________________________
United States Bankruptcy Judge

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion on:

☐ Debtor(s) [ADDRESS]
☐ Debtor's Attorney [ADDRESS]
☐ Chapter 7/13 Trustee [ADDRESS]
☐ U.S. Trustee [ADDRESS]
☐ Other: _________________________________

_________________________________
[ATTORNEY NAME]

Template Version 1.0 - Updated January 2026
References: 11 U.S.C. Section 362(d); Fed. R. Bankr. P. 4001(a), 9014