Chapter 11 Motions to Lift Stay

Rev. 3/12/2018

 

Fed. R. Bankr. P. 4001

 

Rule 4001(a)(1) provides that a motion for relief from automatic stay (the "Motion") shall be served on the Unsecured Creditors Committee elected in a Chapter 11 or its authorized agent, or if no Unsecured Creditors Committee has been appointed, then on the list of the 20 largest unsecured creditors, and on such entities as the court may direct.

 

The notice of hearing on the Motion should be sent to:

 

    • Debtor

 

    • Debtor’s Attorney

 

    • Movant's Attorneyn

 

    • US Trustee

 

    • All parties listed in Certificate of Service of the Motion

 

    • All parties who have filed a Notice of Appearance and Request for all notices

 

    • 20 Largest Unsecured Creditors (or Unsecured Creditors Committee, if one has been appointed OR Attorney for Committee, if any).  The movant's attorney is responsible for sending notice to the 20 Largest Unsecured Creditors.

 

The Court prepares and mails the Notice of Hearing to all the above parties, except the 20 Largest Unsecured Creditors.

 

The Court issues a memo to the movant's attorney regarding service of the Motion and Notice to all affected parties and the 20 Largest Unsecured Creditors (or Unsecured Creditors Committee, if one has been appointed.)