Motion for Relief from Stay

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Filing Requirements:

  • Motion for Relief from Stay alone, or combined with additional requests for relief pursuant to LR 4001-1.
  • Notice of Opportunity pursuant to LR 9013.
  • $176.00 filing fee

To File Electronically:

  1. Log into CM/ECF and select Bankruptcy > Motions/Applications.
  2. Enter the case number.
  3. Verify the case number and debtors’ name(s).  From the list of “Available Events” click on Relief from Stay.  Observe that this now appears under “Selected Events”.
    • If Motion for Relief from Stay is combined with another relief type, hold down the Ctrl key and click to select each other event title.  Ex. Abandon, Adequate Protection, etc.
  4. Skip the Joint Filing screen unless there are multiple parties filing this motion.
  5. Select the Party filer. If the party is not listed, click on Add/Create New Party.
    • Search for the party, then “Select name from list” or “Create new party” as necessary.
    • Indicate the Role of the filing party (generally this is creditor).
    • Highlight the filing party name on the “Select the Party” screen.
    • The Attorney/Party Association screen will appear. If you represent the filing party, check the box to make the association.
  6. Browse to select the Motion (.pdf file).
    • The Motion should be the first document in your PDF.
    • Certificate of Service and supporting attachments may be incorporated in this PDF; or may be added as attachments to the main document.
  7. Verify the fee displayed, modify if appropriate.
    • If a second fee box displays enter 0.0 to zero out the duplicate fee.
    • If you are filing an amended or corrected motion and the fee was paid for the original motion, enter 0.0 for both fees.
    • Fee Schedules are available by clicking here
  8. Check the appropriate type so that it corresponds with the title of your motion.
  9. If motion is filed with Notice of Opportunity of Hearing enter number of days indicated in the in the text box.
  10. If a Certificate of Service is attached to the motion, check the “Certificate of Service” box.
  11. If the filing is a corrected or amended motion, select the “Yes” radio button.
  12. Modify the text as appropriate.
    • If multiple events were selected, use the drop down boxes to modify the docket text as appropriate.
  13. Verify the final docket text; if correct, click Next to file the motion.
    • The Notice of Electronic Filing displays giving you the document number.
    • Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
  14. A dialog box “Summary of current charges” appears.
    • Click the Pay Now button to proceed with the Electronic Payment.
    • Click the Continue Filing button to make the payment after other documents have been filed.

Note:

When notice is required to be given to all creditors and parties in interest, notice should be given to all parties listed on the most comprehensive Official Mailing List in the case found in CM/ECF as of the date of the mailing.  A copy of the Official Mailing List should be attached to the certificate of mailing indicating which persons and entities were given notice by mail.

The Official Mailing List is available in CM/ECF as follows:

  • Query > Mailing Labels
  • Reports > Official Mailing List
  • Utilities > Mailings > Mailing Labels by Case.

Attorneys and other CM/ECF Users who are given notice electronically (i.e., those listed as receiving transmission on the Notice of Electronic Filing) need not be given notice by mail (see Bankruptcy Rule 9036 and Local Rule 9036-1). If notice to such users is not also given by mail, counsel should strike through those names and addresses on the Official Mailing List that is attached to the certificate of mailing.

(CM/ECF Newsletter Summer 2011)