Motion for Relief from Automatic Stay Template

United States Bankruptcy Court
District of [District]

In re: [Debtor Name(s)]
Case No.: [Number]
Chapter: [7/11/13]

[Movant Name],
Movant,

v.

[Debtor Name(s)],
Respondent(s).

Motion for Relief from the Automatic Stay

Movant [Name], by counsel, respectfully moves for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) and Bankruptcy Rule 4001, and states as follows:

1. Jurisdiction and Background

• This Court has jurisdiction under 28 U.S.C. §§ 157 and 1334.
• Movant is a [secured creditor/lessor] with respect to [collateral description].
• Debtor filed a petition under Chapter [ ] on [Date].

2. Collateral and Security Interest

• Collateral: [Describe property, VIN, address, account number].
• Value of collateral: $[Value].
• Outstanding debt: $[Amount] as of [Date].
• Evidence of perfection attached as Exhibit A.

3. Default

• Debtor is in default for failing to make payments due [dates], totaling $[Arrearage].
• Payment history attached as Exhibit B.

4. Grounds for Relief

• Cause exists to lift stay under § 362(d)(1) due to lack of adequate protection. Collateral is depreciating and Debtor has not provided insurance evidence.
• Alternatively, under § 362(d)(2), Debtor has no equity in the property and the property is not necessary for an effective reorganization.

5. Relief Requested

• Terminate or modify the automatic stay to permit Movant to enforce its rights against the collateral.
• Waive the 14-day stay under Bankruptcy Rule 4001(a)(3).
• Alternatively, require Debtor to provide adequate protection payments of $[Amount] per month.

6. Notice

• Notice provided to Debtor, Debtor’s counsel, trustee, and other parties in interest per local rules.

7. Proposed Order

• A proposed order granting relief is attached as Exhibit C.

WHEREFORE, Movant requests that the Court enter an order granting relief from the automatic stay and such other relief as deemed just and proper.

Dated: [Date]

Respectfully submitted,

[Law Firm Name]

By: ________
[Attorney Name] (Bar No. [Number])
[Address]
[Phone]
[Email]

Certificate of Service

I hereby certify that on [Date], a copy of the foregoing Motion for Relief from Stay was served via [CM/ECF/mail] upon:
- [Debtor Name and Address]
- [Debtor’s Counsel]
- [Trustee]
- [Other parties]

[Signature]