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

F 4001-1.RFS.PP.MOTION, NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (with supporting declarations) (PERSONAL PROPERTY), 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 repossess a car or automobile, equipment, or other personal property, must use the Personal Property process in bankruptcy court. This includes parties who have already started or completed the repossession. This applies as long as the debtor still maintains possession of the automobile, equipment, or other personal property, if the automatic stay is still in effect. NOTE: The bankruptcy court does not complete the repossession process. The bankruptcy court simply adjudicates a party's motion for permission to follow the state's procedures for repossession of personal property. 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