MenuA motion for relief from the automatic stay is a common motion brought by a creditor, who wishes to take action that would otherwise be barred by the bankruptcy automatic stay. Most frequently, a motion for relief seeks court permission to foreclose on real estate or repossess a car or other vehicle. A motion might also be brought to in order to continue a legal proceeding outside of bankruptcy.
Adequate Protection
Adequate protection is the concept that secured creditors deserve assurances that their interest in collateral is protected in bankruptcy from loss of value. Lack of adequate protection can be grounds for relief from the automatic stay.
