Notice Of Motion For Relief From Stay {106A}

Local Form 106A - NOTICE OF MOTION FOR RELIEF FROM STAY UNDER SECTION 362 OF THE BANKRUPTCY CODE. This form is used in the United States Bankruptcy Court for the District of Delaware to formally notify the debtor, trustee, creditors’ committee, United States Trustee, and other relevant parties that a creditor (the Movant) has filed a motion seeking to lift or modify the automatic stay imposed under 11 U.S.C. § 362. The automatic stay prevents creditors from taking collection actions against the debtor or the debtor’s property while the bankruptcy case is pending. The form specifies the relief being sought—such as the right to repossess, foreclose, or otherwise proceed with an action involving the debtor’s property—and sets forth the date, time, and location of the hearing before the bankruptcy judge. It advises the recipient that a response, along with supporting documentation as required by Local Rule 4001-1(c), must be filed and served at least seven days before the scheduled hearing. The notice also encourages counsel for both parties to confer in advance regarding the motion in an effort to resolve or narrow the issues through stipulation or agreement. Failure to respond may result in the court granting the motion by default, without further notice or a hearing. www.FormsWorkflow.com