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

F 4001-1.RFS.RP.MOTION, NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (with supporting declarations) (REAL 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 person or entity who wants to take action involving ownership of residences or commercial buildings must follow the Real Property process. Common reasons are the debtor is behind on payments or there is no equity in the property, and the lender wants to sell the real property in order to recover money it loaned to the debtor. This process is generally referred to as the foreclosure and foreclosure sale process. If there are junior lienholders (or holders of junior liens), LBR 4001-1 requires that the moving party serve the motion on those junior lienholders. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. www.FormsWorkflow.com