Automatic Stay: § 362: RELIEF: Real Property; Foreclosure

4001-1(c)-RP: Automatic Stay: § 362: RELIEF: Real Property; Foreclosure

Under Bankruptcy Code section 362(a), the "automatic stay" applies at the moment a bankruptcy petition is filed. This offers protection from creditors who must file a "Relief from Stay" motion to ask the judge to terminate the stay to take action against the debtor or debtor's property outside of the bankruptcy court.

A person or entity who wants to take action involving ownership of residences or commercial buildings must follow the Real Property process. Common reasons are the debtor is behind on payments or there is no equity in the property, and the lender wants to sell the real property in order to recover money it loaned to the debtor. This process is generally referred to as the foreclosure and foreclosure sale process.

If there are junior lienholders (or holders of junior liens), LBR 4001-1 requires that the moving party serve the motion on those junior lienholders.
Court forms are mandatory -- See links below
The "Reply" form linked below applies in chapter 13 cases only.

Section:

Section 4 - Match Local Bankruptcy Rules with Forms

Section Number or LBR Number:

4001-1(c)-RP

Reference to Local Rules and/or Forms:

Notice of Motion and Motion for Relief from the Automatic Stay Under 11 U.S.C. § 362 (With Supporting Declarations) Regarding Real Property

Response to Motion Regarding The Automatic Stay And Declaration(s) in Support

Declaration of Debtor Re Postpetition Income and Expenses as of the Following Date:__

Declaration Re Postpetition Payments in Reply to Debtor's Opposition to Motion for Relief From Automatic Stay

Order Granting Motion for Relief From the Automatic Stay Under 11 U.S.C. § 362 (Real Property)

Order Denying Motion for Relief From the Automatic Stay Under 11 U.S.C. § 362

Declaration of ________________ RE: Default Under Adequate Protection Order; Request for Entry of Order Granting Relief From Stay