Motion for Relief from Stay and Abandonment
Last Updated: June 13, 2012

Filing Requirements:

  • Motion for Relief from Stay and Abandonment

  • Notice of Motion. Usually 14 days to object unless circumstances require more or less time.  Notice is sent to the parties in interest.

    Note: In a chapter 11 case, notice should also be sent to the creditors' committee, or if no committee was appointed, to the list of 20 largest unsecured creditors.

    When a party in interest files a Motion to Abandon AFTER the 341 meeting is concluded, notice is sent to the Trustee, Debtor in Possession, and the U.S. Trustee.  When the Motion is filed BEFORE the 341 meeting is concluded, notice is sent to all creditors.

  • Proof of Service

  • Proposed Order (may be filed after the last day to object has expired)

  • $176.00 filing fee

    Note:
    No filing fee is required if the Motion is filed by the Trustee, or debtor in possession in a Chapter 11 case.

    No filing fee is required when a stipulation for Relief from Stay AND Abandonment is filed by any party.

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Relief from Stay and Abandonment] from the event list.

    Note: Motion for Relief from Stay and Abandonment is the only combined motion event. Do not select these two events separately, as you will be charged twice (2 x $176.00).

  5. Skip the Joint Filing screen if you are the only party filing this motion. If this is a joint filing, check the box.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter the last day to object (defaults to 14 days; modify if necessary).

    Note:  Remove this date if you are not filing a Notice at this time.

  9. To pay via credit card, leave the receipt field blank and select NEXT to continue filing.  

    Note: If filing fee is exempt, type "exempt" in receipt field.

  10. Modify the text as appropriate.

  11. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: 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.

 

 

 

 

11 U.S.C.: 362(d) 554(b)
FRBP: 4001(a) 6007(b)