Motion for Relief from Stay

CSD
1160 - Real and Personal Property
1163 - Unlawful Detainer

Local Rule # 4001

Federal Rule #

Category:  Motions/Applications

File the Motion for Relief from Stay prior to the Notice of Filing of a Motion for Relief from stay.  File the Notice under its own document event and refer (link) it to this Motion.

1. Select Bankruptcy menu.
2. Select Motions/Applications.
3. Ensure correct case name and number match the document you are filing.
4. Select party filer.
   • Party filer not listed, Add/Create New Party.

     Use the Add/Create New Party only when party is not on the Party Filer pick list. From the Select the Party screen: Click on Add/Create New Party hyperlink. The Search for Party screen appears. Enter social security number, tax identification number or last/business name (upper and lower case) to search for new party name in the ECF database. The Party Search Results appears. Party name appears: select name and verify party name information in pop-up window. Party information is correct, click Select name from list button. Party name appears but information is incorrect, click on Create New Party. The Party Information screen appears. Complete or update all appropriate fields for the party filer. Select appropriate Role for new party filer such as Creditor (cr:cr). Party name does not appear, click on Create New Party. The Party Information screen appears. Complete or update all appropriate fields for the party filer. Select appropriate Role for new party filer such as Creditor (cr:cr). Once this is complete you will return to the Select the Party screen, which will list the party filer name.

     Quick Note Making any changes in Add/Create New Party screen will only affect this case.  Remember to change the ROLE accordingly.

5. Select Document Event: Relief from Stay (Motion) (CSD 1160 & 1163) (fee).
6. Browse, verify and attach the appropriate form (CSD 1160 or CSD 1163) (PDF file).

   Locate the document (PDF or TXT). Right-mouse click on the correct filename. Select Open from the drop down menu. This will launch the PDF or TXT file's application. Verify the document. Close the document by clicking on the X in the upper-right hand corner of the Adobe or NotePad application. Click on the Open button in ECF to attach the document in the Browse field.

   Quick Note The court quality assures all incoming files and verifies for /s/signatures, missing pages, correct document to selected event, case number, readable file, etc.

   • Attach supportive documents, if applicable.

     From the first Browser screen: Click on the Yes button at Attachments to Documents. Click the "Next" button. In the second Browser screen: Browse, verify and attach supportive document (PDF file). Select Category of document such as Declaration, Exhibit, etc. or type description of document. Click on Add to List. Repeat steps 1 - 3 until all supportive documents are attached. When done, click on Next to continue procedure.

     Quick Note NEVER attach a document that can be filed under Notices & Hearing.

7. Enter relief from stay number
8. Select type of RS:
   • New Relief from Stay (filing fees apply)
   • Amended Relief from Stay (filing fees do not apply)  
9. Verify filing fee.
   • Refer to existing event(s):
   • • Bypass for New Relief from Stay
     • Check box for Amended Relief from Stay
10. Modify text to add pertinent information, such as Amended, if applicable.

    Check the box: Refer to Existing Event(s)? The Select the Category to Which your Events Relates screen appears. Select the category in which the related document was filed in. Note: This step 2 may not appear in all document events, continue with Step 3. Select the appropriate document text to link.

    Quick Note  When AMENDING a document always link back to the document you are amending.

11. Verify final docket text before submitting onto case docket.
12. Print the Notice of Electronic Filing. It's your receipt.

    Print to PDF Click on File on the application's menu bar. Click on Print from the drop down menu. The Print Dialog Box appears. Select Acrobat PDF Writer as your current printer selection and press Print. The Save PDF File As screen appears. Name your PDF file. Click in the Save in: Window to choose the directory to save your PDF file. Click on the Save button to print to PDF. Print a paper copy Click on File on the application's menu bar. Click on Print from the drop down menu. The Print Dialog Box appears. Select your current printer and press the Print button.

    Quick Note Keep original signed document along with the Notice of Electronic Filing at your office.

13. Continue to file the Notice of Filing of a Motion for Relief from Stay (CSD 1185). 

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