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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.


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....