Form 4001 1-2025

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The document is a form used in the United States Bankruptcy Court for the Southern District of Ohio, specifically for motions related to relief from stay and adequate protection concerning real estate. It includes sections for detailing the debtor's total indebtedness, estimated market value of the property, statements of arrearage, loan information, and required attachments. The form aims to provide a structured way to present financial details and documentation relevant to bankruptcy proceedings involving real estate.

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What is the basis for relief from stay?

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

What does motion from relief of stay mean?

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.

What are the reasons for a relief of stay?

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.

What happens after an automatic stay is lifted?

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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