Motion for Relief from Stay

A Motion for Relief from Stay is a legal document filed by a creditor in a bankruptcy case to request permission from the court to proceed with collection actions against the debtor or the debtor’s property, despite the automatic stay that goes into effect upon the filing of the bankruptcy petition. The automatic stay prohibits creditors from taking any further collection actions against the debtor or the debtor’s property without permission from the court. The Motion for Relief from Stay must demonstrate that the creditor has a valid reason for seeking relief, such as a lack of adequate protection for their collateral or a lack of equity in the property. If the motion is granted, the creditor may proceed with foreclosure, repossession, or other collection actions, subject to any limitations imposed by the court.