You are here

Automatic Stay:  § 362:  OVERVIEW: Mandatory Forms: Filing Fees; Service

4001-1(b)(1)-(2):  Automatic Stay:  § 362:  OVERVIEW: Mandatory Forms;  Filing Fees

Under Bankruptcy Code section 362(a), the "automatic stay" applies at the moment a bankruptcy petition is filed.  This offers a bankruptcy debtor protection FROM creditors who must file a "Relief from Stay" motion to ask the judge to terminate the stay to take action against the debtor or debtor's property outside of the bankruptcy court.  This also offers protection TO creditors when a bankruptcy debtor has been in a bankruptcy case very recently, as the debtor must file a motion to impose the stay or continue the stay, if the debtor wants the stay to protect the debtor from creditor actions.  

LBR 4001-1(b) requires that any motion seeking any relief involving the automatic stay must be filed using the court's mandatory forms.   And, any order lodged after the court rules must be lodged using the court's mandatory orders.  These motions includes motions for relief from stay or motions to annul the stay, motion to extend the stay or motions to continue the stay, motions to impose the stay, and a motion to confirm termination of the stay or that there is no stay in effect. See the court's complete list of LBR forms under "F 4001-1."  Or, consult the links below that apply to your situation. NOTE:  A fee is required to file a Motion to Terminate, Annul, Stay, Modify, or Condition of the Automatic Stay.   See link below.

 

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
4001-1(b)(1)-(2)
Reference to Local Rules and/or Forms: 
Reference to Common Topics: