Techoclaro
PRO
Get ready for your hearing

U.S. Bankruptcy Court

Motion for relief from the automatic stay — bankruptcy court

Your lender asks the bankruptcy judge to lift the automatic stay so it can foreclose. The judge looks at whether the lender is protected (for example, whether you are making plan and mortgage payments) and whether there is equity.

General courtroom guidance, not legal advice. The papers you received (the citation, the notice, the court's order) set your real deadlines. Free legal aid can review your plan.

Write my statement

What happens

  • The lender files a motion; you (or your lawyer or trustee) may respond by the deadline in the notice.
  • Many hearings are short. Often the result is an agreed order with a payment schedule.

Who is there

  • The bankruptcy judge
  • The lender's lawyer
  • The Chapter 13 trustee or their staff
  • You and your lawyer

What to bring

0 of 3 ready · Saved on this device

What the judge may ask — practice cards

Question 1 of 2

“Are you current on post-petition payments?”

How to address the judge

Say "Your Honor" when speaking to the judge. Say "Judge" if you forget — that is fine too.

Courtroom manners

  • Arrive at least 30 minutes early; security lines can be slow.
  • Dress neatly, as for an important meeting. Silence your phone.
  • Stand when the judge enters and when you speak, unless told to sit.
  • Speak only when it is your turn; never interrupt the judge or the other side.
  • If you do not understand a question, say so and ask the judge to repeat it.
  • You may ask for a court interpreter. Ask the clerk before the hearing day if you can.

How to present your papers

  • Bring three copies of every paper you want the judge to see: one for the judge, one for the other side, one for you.
  • Put them in date order and number them (Exhibit 1, 2, 3…).
  • Ask: "Your Honor, may I hand up Exhibit 1?" Wait for permission before walking to the bench.
  • Envelopes, certified-mail receipts and postmarks can prove dates — keep them.

How to mention a case

Say the case name and citation slowly, then one sentence on why it matters: "Your Honor, in Sauceda v. GMAC Mortgage, 268 S.W.3d 135, the court held … Here, …". Hand the judge and the other side a printed copy if you can.

What not to say

  • Do not call anyone a liar or a crook. Say what the papers show instead.
  • Do not guess. If you do not know, say "I do not know."
  • Do not promise payments you cannot make.
  • Do not bring up things the judge cannot decide today; stay on the question in front of the court.

Rules to read

  • 11 U.S.C. § 362(d)
  • 11 U.S.C. § 362(e)

Cases that may help at this hearing

  • Homeowner wonBinding

    Till v. SCS Credit Corp.

    541 U.S. 465 · Decided 2004

    The Tills proposed a Chapter 13 plan paying their truck lender at 9.5% — the prime rate plus a risk adjustment. The lender wanted its 21% contract rate.

    Why this case

    • It deals with chapter 13 repayment plans, which is part of your situation.
    • It involves bankruptcy, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Partial winBinding

    Taggart v. Lorenzen

    587 U.S. 554 · Decided 2019

    After Mr. Taggart's debts were discharged, creditors pursued him for attorney's fees. The lower courts said creditors acting in good faith could not be held in contempt.

    Why this case

    • It deals with bankruptcy automatic stay, which is part of your situation.
    • It involves bankruptcy, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner lostBinding

    City of Chicago v. Fulton

    592 U.S. 154 · Decided 2021

    Chicago impounded cars for unpaid fines. After the owners filed Chapter 13, the city kept the cars, and the owners said that violated the automatic stay.

    Why this case

    • It deals with bankruptcy automatic stay, which is part of your situation.
    • It involves bankruptcy, like your case.
    • Courts deciding your case must follow it.
    Read the case

You are not the first

People have stood where you are standing and been heard. These are real, sourced outcomes.

  • Free / low cost

    HUD-approved housing counselors

    HUD-approved housing counseling agencies can give independent advice, often at little or no cost. The CFPB keeps a searchable list of counselors near you.

    Source: Consumer Financial Protection Bureau

Recent homeowner wins in the library