Motions for Relief From the Automatic Stay

When a debtor files for bankruptcy, most of the debtor’s property, including cash, become part of the bankruptcy estate that is subject to the control of the bankruptcy court, so most creditors must stop all attempts at collecting their debt unless they get specific permission from the court to proceed. Sections 362(d)-(g) of the Bankruptcy Code provides creditors with various methods and grounds for obtaining relief from this automatic stay, but only applies to the creditor that filed a motion for it and only for the activity described in the motion. To obtain relief, the creditor must file a motion to request relief, which is usually done soon after the debtor files for bankruptcy. Our bankruptcy team routinely file and litigate motions for relief from the automatic stay.