The Motion for Relief from Stay: Check Your Local Bankruptcy Forms First

In a previous post, I explained the Motion for Relief from Stay under § 362(d). In this post, I will dig deeper into the Motion for Relief, explaining the Local rules and the use of the local bankruptcy forms.

By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).

The Mandatory Template Requirement

Many practitioners and almost all pro se debtors make the mistake of drafting a beautiful, custom motion for relief, only to have it “stricken from the record” or rejected by the Clerk. Why? Because many districts have mandatory local forms.

These forms often include specific checkboxes that the Court requires to quickly categorize the relief sought. For example:

• Is it for real property or personal property?
• Is there a “Co-debtor Stay” involved (§1301)?
• Is the movant seeking a waiver of the 14-day stay under Rule 4001(a)(3)?

Why Local Bankruptcy Forms Matter

Judicial Efficiency: Judges look at dozens of these motions a week. If the information, like the arrearage amount or the property description, is always in the same place on the form, the Judge can make a ruling faster.

Required Legal Terminology: Local forms will include the necessary language regarding “Adequate Protection” or specific “Certificate of Service” requirements that are easy to miss in a custom draft.

The Proposed Order: Most districts also provide a Local Form Proposed Order. If your order doesn’t match the motion’s “check-box” style, it may be rejected before it even reaches the Judge’s desk.

Where to Find The Local Bankruptcy Forms

Before you file, always go to the “Forms” or “Local Rules” tab of your specific Bankruptcy Court’s website. Look for:

• Official Local Form (OLF) for Relief from Stay.
• Local Form Notice of Motion (which often has specific 14-day or 21-day language required by that district).

The Professor’s Tip

Even if a district doesn’t require a specific form, they often provide a “Sample” or “Template.” If not, the strategy I used when I relocated was to look up cases filed by other local attorneys to use that as a guide.

For example, in one case, a judge had a template posted on their page for a motion to withdraw with the required notice. However, a local attorney had filed the same motion, but the notice requirement was now 21 days instead of 14. So even if I used that judge’s template, my motion would have been denied. That’s why I also state to double and triple-check your sources, especially when it comes to bankruptcy exemptions.

Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link. You can also listen to my podcast on Spotify.

You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.

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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.