United States Bankruptcy Court
District of Rhode Island
Frequently Asked Questions


How do I file for Relief from the Automatic Stay?

In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay.
Hiring a competent attorney for assistance is highly recommended.

A Motion for Relief from the Automatic Stay is commenced by the filing of a motion. The specific filing and service requirements are listed in District of Rhode Island Local Rule 4001-1.

The filing fee for a Motion for Relief from the Automatic Stay is $75.00. An original and two copies of the Motion for Relief from the Automatic Stay are required upon filing.

 

While the information presented above is accurate as of the date of publication,
it should not be cited or relied upon as legal authority. It is highly recommended
that legal advice be obtained from a bankruptcy attorney or legal association.
For filing requirements, please refer to the United States Bankruptcy Code
(title 11, United States Code), the Federal Rules of Bankruptcy Procedure
(Bankruptcy Rules), and the Local Rules for the United States Bankruptcy
Court for the District of Rhode Island

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 United States Bankruptcy Court
District of Rhode Island