Motion for Relief from Stay

Last Updated:  March 4, 2009

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When a party is filing a Motion for Relief from Stay, the appropriate motion event to select is Relief Stay.  The Motion for Relief from Stay is a fee motion and you will be prompted at the end of the filing process to pay.  

There are exemptions for certain Motions for Relief from Stay.  These motions are no fee motions;   

• Relief Stay (Co-Debtor) - no fee is due to file a motion for relief from the co-debtor stay

• Agreed Order - no fee is due to file a motion for court approval of an agreement to any type of relief from the automatic stay

Do not select either of the above motion events when filing a fee Motion for Relief from Stay;

The " Required Statement to Accompany All Motions to Stay" must be filed as an attachment to all motions to stay.  Do not file this document as a separate filing.

Step-by-Step Procedures:

1. Select [Bankruptcy>Motions/Applications]

2. Enter case number and click Next

3. Select Relief Stay from pick list and click Next

4. Select Party from party pick list or Add/create new party

5. Click Next

• If attorney represents the party selected, click the box to create the association

• If attorney does not represent the party selected, do not click the box

6. Click Next

7. Click Browse button and navigate to locate the appropriate document/file

8. Highlight filename
   Right click on filename
   Select Open
   Review document
   Close windowView file to verify the correct file is being selected

9. Click Open button and filename will appear in the browse window

Next, the Proposed Order and  Required Statement to Accompany All Motions to Stay must be added as  attachments to the notice of motion and motion.

10. Click Yes radio button for Attachment to Document and click Next

11. Attach Proposed Order and Required Statement to Accompany All Motions to Stay

12. Insert description of property

13. Insert hearing date, time and select hearing location and click Next

The Modify Text screen will display.  Click down arrow to select a prefix if applicable.

14. Click Next

The Final Text screen will display.  This is your final opportunity to modify the entry before submitting the filing.

15. Verify the accuracy of the docket text

16. Click Next to complete filing process

The Electronic Payment screen will appear.

Next, pay filing fee for your filing.

Electronic Payment

You have the option to:

• Pay Now

• Continue Filing

Select one of the two options and close the window when done.

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.