Notice Of Motion And Motion For Relief From The Automatic Stay (Non-Bankruptcy Forum) {F 4001-1.RFS.NONBK.MOTION}

F 4001-1.RFS.NONBK.MOTION, NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (with supporting declarations) (ACTION IN NONBANKRUPTCY FORUM), 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 party who wants to start or continue a lawsuit in state court or another federal court must use the Nonbankruptcy Forum process in bankruptcy court. This includes parties who have already started litigation in a non-bankruptcy forum process but have not completed the process or have not recovered from insurance proceeds. This applies as long as the automatic stay is still in effect. NOTE: The bankruptcy court does not participate in the litigation in the non-bankruptcy forum. The bankruptcy court simply adjudicates a party's motion for permission to proceed with litigation in the non-bankruptcy forum. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. www.FormsWorkflow.com