Motion for Relief from the Automatic Stay

Rev. 07/23/2024

11 U.S.C. § 362(d)
Miss. Bankr. L. R. 4001-1

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors, stopping all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan or to be relieved of the financial pressures that drove him into bankruptcy.

Local Rule 5005-1(a)(2)(D) requires every motion to have as an attachment a proposed order granting the motion.

Local forms for default orders are available on the Court's website: www.mssb.uscourts.gov.

Default Order Granting Relief from Automatic Stay - Local form: MSSB-OGRAS.
Order Granting Limited Stay Relief Re: Dissolution of Marriage - Local form: MSSB-OGLSR.

There is no provision under § 362 to lift the automatic stay as to an individual debtor. However, when filing this type of motion, the party should include an agreed order and file the pleading and order using the docket event:

[Bankruptcy > Motions/Applications > Relief from Stay with Agreed Order].

See Chapter 11 Motions to Lift Stay regarding lift stay motions in a chapter 11 case.

Docket Event:

[Bankruptcy > Motions/Applications > Relief from Stay]

Requirements:

KMS Cases	JAW Cases
Motion with Certificate of Service	Motion with Certificate of Service
Proposed Order	Proposed Order
Filing Fee**	Filing Fee**
Set for Hearing	Set for Hearing

**Notes:

No fee due when a child support creditor files Official Form B2810 Appearance of Child Support Creditor or Representative. See Appearance of Child Support Creditor.
No fee is due when an agreed order (signed by all parties) accompanies the motion (filed as an attachment). See: Relief from Stay with Agreed Order.

To file an Amended Motion for Relief from Stay

File the amended motion using the above docket event;
Input the receipt number for the fee payment made for the original motion; and
Select "Amended" from the prefix drop-down list.

Disclaimer: All information provided on this web site is for informational purposes only and does not constitute legal advice. Information on this web site is subject to change without prior notice. Although every reasonable effort is made to ensure the accuracy of the information presented, the content of this web site is in no way guaranteed. Any links to external web sites are provided as a courtesy and should not be construed as an endorsement of the content or views of linked materials. In addition, the Court does not endorse any particular software packages or other proprietary service provided relative to bankruptcy proceedings.

U.S. Bankruptcy Court ● Southern District of Mississippi