Motion for Adequate Protection
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Motion for Adequate Protection
Last Updated: September 20, 2024

11 U.S.C. 361
Fed. R. Bank. P. 4001

Event: Bankruptcy > Motions/Applications > Adequate Protection

A Motion for Adequate Protection is generally filed by a secured creditor who is concerned about the collateral and is seeking either monetary relief (in the form of a cash payment for the debtor's continued use of the collateral) or some other relief (such as proof of car insurance or the like).

Filing Requirements:

  • Motion for Adequate Protection

  • Notice of Motion. Usually 14 days to object unless circumstances require more or less time.  Notice is sent to the parties in interest.

    Note: In a Chapter 11 case, notice is also sent to the Creditors' Committee, or if no committee was appointed, to the list of 20 largest unsecured.

  • Proof of Service

  • Proposed Order (may be filed after the last day to object has expired)

To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Adequate Protection] from the event list.

    Note: When a Motion for Adequate Protection is combined with another relief type, Ctrl and click to select multiple events.

  5. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  6. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  7. Enter the last day to object (defaults to 14 days; modify if necessary).

    Note:  Remove this date if you are not filing a Notice at this time.

  8. Modify the text as appropriate.

  9. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  10. Electronically file the Proposed Order. Instructions