Relief from Automatic Stay (Motion)

Rev. 01/19/2017

 

11 U.S.C. § 362(d)

Miss. Bankr. L. R. 4001-1

 

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors, stopping all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy.

 

Local Rule 5005-1(a)(2)(D) requires every motion have as an attachment a proposed order granting the motion.   A default order is available on the Court's web site for download.  (See Local form: MSSB-OGRAS).  Bankruptcy Forms/Fees/Local Forms

 

There is no provision under § 362 to lift the automatic stay as to a debtor (person).  However, when filing this type of motion an agreed order should accompany the pleading and filed using the specific event for motions with an agreed order.  See: Relief from Stay with Agreed Order.

 

See Chapter 11 Motions to Lift Stay when filing a motion in a chapter 11 case.

 


Docket Event:

[Bankruptcy> Motions/Applications> Relief from Stay]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Proposed Order and Certificate of Service

Motion with Proposed Order and Certificate of Service

Motion with Proposed Order and Certificate of Service

Filing Fee**

Filing Fee**

Filing Fee**

Set for Hearing

Set for Hearing

Set for Hearing

 

**Note:

No fee is due when a child support creditor files Official Form B2810 Appearance of Child Support Creditor or Representative.

 

For more information see Appearance of Child Support Creditor.

 


Amended Motion for Relief from Stay Filing Instructions:


 

    1. File amended motion using the above docket event;

    2. Input the receipt number for the fee payment made for the original motion; and

    3. Select "Amended" from the drop down prefix box.