Relief from Automatic Stay (Motion)

Rev. 5/23/2018

 

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 just 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.   

 

The following local form orders are available on the Court's website:  www.mssb.uscourts.gov

 

  • Default Order Granting Relief from Automatic Stay - Local form: MSSB-OGRAS

    • Form order when a party does not file a response/objection to the motion.

 

  • Order Granting Limited Stay Relief Re: Dissolution of Marriage - Local form: MSSB-OGLSR

    • Judge Samson's preferred form order when the movant seeks to lift the stay to pursue divorce proceedings in another court.

 

There is no provision under § 362 to lift the automatic stay as to an individual debtor.  However, when filing this type of motion an agreed order should accompany the pleading and filed using the specific event for a motion 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.

 

 

No fee is due when an executed agreed order (signed by all parties) accompanies the motion (filed as an attachment).   See: Relief from Stay with Agreed Order.

 


Amending a Motion for Relief from Stay Filing


    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 list.