Notice Of Motion And Motion For Relief From The Automatic Stay {F 4001-1.RFS.CUST.MOTION}

F 4001-1.RFS.CUST.MOTION, NOTICE OF MOTION AND MOTION FOR (A) RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (REAL PROPERTY), and (B) RELIEF FROM TURNOVER UNDER 11 U.S.C. § 543 BY PREPETITION RECEIVER OR OTHER CUSTODIAN (with supporting declarations), 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 actions against the debtor, property of the debtor, or property of the estate. A custodian or receiver on property who wants to maintain possession of the property must follow the Relief From Turnover process. This is due to Bankruptcy Code section 543 that requires a custodian or receiver to turn over property to the debtor or to the case trustee, depending on the particular bankruptcy chapter. Without obtaining relief from stay, the custodian or receiver is in violation of section 362(a). 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