You are here

How do I obtain relief from the automatic stay?

Type: 
Creditor
Answer: 

In order for a party to initiate or continue a proceeding against the debtor that has been stayed because of bankruptcy, the party must file with the Court a Motion for Relief from the Automatic Stay.  The Bankruptcy Rules and Local Rule 4001-1 prescribe the procedures for filing a Motion for Relief from the Automatic Stay.  The filing fee for a Motion for Relief from the Automatic Stay can be found on the Court's website under Filing Fees.  An attorney should be consulted to determine if an action is prohibited by the automatic stay.