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

F 4001-1.RFS.UD.MOTION, NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY UNDER 11 U.S.C. § 362(l) (with supporting declarations) (UNLAWFUL DETAINER), 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 an apartment, a residence, or commercial property, must use the Unlawful Detainer process in bankruptcy court. This includes parties who have already started or completed the court eviction process, or who have purchased property at a foreclosure sale. This applies as long as the debtor still maintains possession of the apartment, residence, or commercial property, and if the automatic stay is still in effect. NOTE: The bankruptcy court does not complete an unlawful detainer process and does not participate in an eviction. The bankruptcy court simply adjudicates a party's motion for permission to follow the state's procedures for evicting a tenant or other person in possession of the 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