Play video

Relief from the Automatic Stay

Learn about the requirements for a creditor to obtain relief from the automatic stay, which is the bankruptcy court's authorization to undertake conduct that the automatic stay would otherwise prohibit.

Transcript

If a party in interest requests it, the bankruptcy court may grant relief from the automatic stay. Relief from the automatic stay can consist of terminating, modifying, conditioning, or annulling the stay.

I. Types of Stay Relief

In terminating or modifying the stay, the court grants prior authorization for acts that would otherwise violate the stay, or else reduces the stay's scope or effect. The court enjoys wide discretion to determine the extent to which it'll terminate or modify the stay....

Lessons

1. Welcome to Bankruptcy
5. Chapter 7 Liquidation
  • Chapter 7 Panel Trustee
  • Distribution of Estate Property in Chapter 7
  • Discharge in Chapter 7
  • Personal-Property Collateral in Chapter 7
  • General Grounds to Dismiss a Chapter 7 Case
  • Introduction to the Means Test and Dismissals or Conversions for Abuse
6. Debt Adjustment in Chapter 13
  • Eligibility to File for Chapter 13
  • The Estate in Chapter 13
  • Introduction to the Chapter 13 Plan of Debt Adjustment
  • Terms Permitted in a Chapter 13 Plan
  • Chapter 13 Confirmation Requirements: Treatment of Secured Claims
  • Chapter 13 Confirmation Requirements: Treatment of Unsecured and Priority Claims
7. Preferences
  • Introduction to Preferences
  • A Transfer to a Creditor or for a Creditor's Benefit Made for or on Account of an Antecedent Debt
  • A Transfer Enabling a Creditor to Receive More Than It Would in Chapter 7
  • The Net-Benefit Rule
  • Contemporaneous Exchanges for New Value
  • Transfers in the Ordinary Course of Business
  • Subsequent New Value