Form 4001 1-2025

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Relief from a stay under 362(a) or a request to prohibit or condition the use, sale, or lease of property pursuant to 363(e) may be granted without prior notice only if (A) it clearly appears from specific facts shown by affidavit or by a verified motion that immediate and irreparable injury, loss, or damage will
Filing a Motion and Setting a Hearing Date -- A Motion for Relief from the Automatic Stay is commenced by filing the appropriate motion and setting the motion for a hearing date. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms.
Most often, it is the secured creditor who wants relief from stay to foreclose on real estate or to repossess a car. Creditors can frequently get relief from the stay to foreclose on property in which the debtor has no equity or where the property is not insured.
A Motion to Confirm Termination or Absence of Stay is a request for the court to determine whether or not the debtor is under the protection of an automatic stay. 11 U.S.C. 362(c)(4)(A)(ii) and 11 U.S.C. 362(j).
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