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Automatic Stay:  § 362:  RELIEF: Turnover to Receiver or Custodian

4001-1(c)-CUST:  Automatic Stay:  § 362:  RELIEF:  Turnover to Receiver or Custodian

Under Bankruptcy Code section 362(a), the "automatic stay" applies at the moment a bankruptcy petition is filed.  This offers protection from creditors who must file a "Relief from Stay" motion to ask the judge to terminate the stay to take actions against the debtor, property of the debtor, or property of the estate.

A custodian or receiver on property who wants to maintain possession of the property must follow the Relief From Turnover process.  This is due to Bankruptcy Code section 543 that requires a custodian or receiver to turn over property to the debtor or to the case trustee, depending on the particular bankruptcy chapter.  Without obtaining relief from stay, the custodian or receiver is in violation of section 362(a).

Use of all RFS forms is mandatory.  See links below

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
4001-1(c)-CUST