No announcement yet.

How do I file for relief from the automatic stay? Alaska

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • How do I file for relief from the automatic stay? Alaska

    Once a debtor files bankruptcy, creditors generally can't continue proceedings against him. 11 U.S.C. 362(a). There are certain exceptions, however. In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of bankruptcy, he must obtain an order granting relief from stay from the Bankruptcy Court.
    In order to obtain relief from stay, the party must file a Motion for Relief from Stay, along with a Notice of Motion for Relief From Stay. The original motion and notice must be filed with the Bankruptcy Court, along with a filing fee (see fee schedule). [This fee will not be required if the moving party is a creditor seeking to collect child support, and the moving party has also filed Official Form B-281]. The motion and notice must also be served on the debtors and other creditors and parties in interest. A stipulation or agreement for relief from stay is treated the same as a motion for relief from stay, and must also be noticed.

    The legal authority for obtaining relief from stay can be found in section 362 of the Bankruptcy Code [11 U.S.C. 362(d)]. In addition, Alaska Local Bankruptcy Rule 4001-1 describes the procedure for filing and noticing a motion for relief from stay. Alaska Local Bankruptcy Forms 1, 2 and 3 are forms for a motion for relief from stay and notice of motion for relief from stay. Parties are required to use these local forms to the extent possible.

    After a motion for relief from stay has been properly noticed and the deadline for objections has expired:

    If no objections to the motion have been filed, the moving party must file a Certificate of No Objection (Alaska Local Bankruptcy Form 4) with the court, along with a proposed order granting the motion.

    If an objection is filed, a hearing must be held before the order granting relief will be entered. The moving party should submit a calendar request (Alaska Local Bankruptcy Form 7) to the court to obtain a hearing date.
    Refer to Alaska Local Bankruptcy Rule 4001-1 for further details regarding the procedure for obtaining relief from stay.