Relief from Stay / Letter Renewing or Affidavit of Default
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Relief from Stay / Letter Renewing Motion or Affidavit of Default (or a Declaration of Non-Compliance)

Last Updated:  May 16, 2022

11 U.S.C. 362(d)
Fed. R. Bank. P. 4001(a)

Event: Bankruptcy > Motions/Applications > Relief from Stay / Letter Renewing or Affidavit of Default

Filing Requirements:

  • Letter Renewing Motion

    If the letter includes a deadline to file an objection to the renewed motion, a hearing will only be scheduled if an objection/request for hearing is filed. 

    If no time to object is provided, a hearing will be scheduled     unless a stipulation, prior order, or proceeding memo provided the motion would be granted without further hearing. The letter should state the motion may be granted without hearing and identify the order, stipulation, or proceeding memo by docket number containing that provision.

  • Proof of Service

    OR

  • Affidavit of Default (or Declaration of Non-Compliance)

  • Proof of Service

  • Proposed Order

To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

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

  4. Select [Relief from Stay/ Letter Renewing or Affidavit of Default] from the event list.

  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/Letter/Affidavit (.pdf file).

  7. Refer to the Motion for Relief from Stay and/or Stipulation.

  8. If you have included a deadline to object to the renewed motion for relief from stay, enter the last day to file objections (defaults to 14 days; modify if necessary); otherwise, remove the date.

  9. Modify the text as appropriate.

  10. 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.