For greater detail select the highlighted words, phrases or graphics

Relief from the Automatic Stay

As a general matter, the automatic stay continues in effect until the case is terminated or a discharge is granted, whichever happens first. BRA s362(c). However, a creditor may seek relief from the stay at an earlier time. Relief from the stay may be given "for cause," including a lack of adequate protection, or where the debtor has no equity in the property the creditor seeks to reach and the property is not necessary to an effective reorganization. BRA s362(d). The latter ground is applicable in reorganization and rehabilitation proceedings under Chapters 11, 12 and 13. Relief from the stay is requested by a motion and the statute and rules make some attempt to mitigate the adverse effects of a stay on a creditors by requiring that the motion be disposed of relatively quickly. BRA s362(e) and BR 4001.