Motion for Relief From Stay
MOTION FOR RELIEF FROM STAY
This section demonstrates the steps necessary to file a motion for relief from stay in the CM/ECF System.
For a detailed step by step process, begin with the Motion For Relief From Stay Training Module and then view Steps 1 - 18 of this manual.
STEP 1: Click on the ‘Bankruptcy’ link at the top of the CM/ECF menu bar.
STEP 2: The ‘Bankruptcy Events’ menu displays, click on 'Motion/Applications.’
STEP 3: The Case Number Screen will appear, click in the text box and type the appropriate case number. Click ‘Next’ to continue.
STEP 4: Available Events Screen
On this screen you will be prompted to select your event. You can do this in two ways:
Click on the drop down menu arrow to scroll through the available options. Select ‘Relief from Stay’ to select this motion or click in the text box above the drop down menu and begin typing the event name in the box, to narrow the list. Select ‘Relief from Stay’ by clicking on it within the drop down menu. You can select more than one event by holding down the control key and clicking on multiple events.
NOTE: Any event you select will show up in the 'Selected Events' window to the right. Also, click on an event within this 'Selected Events' window to remove it.
Click ‘Next’ to continue.
STEP 5: Joint Filing Screen
If this is not a joint filing, click ‘Next’ to continue. On the other hand, if this is a joint filing click the box to the left of 'Joint filing with other attorney.'
STEP 6: Select the Party Screen
Look through the list of parties. If your party is there, highlight the name by clicking on it. Click ‘Next’ to continue. Go to step 9.
If the name of your party is not found, click ‘Add/Create New Party.’ Go to step 7-1.
STEP 7: New Party Information Screen
1. Enter the information for the party by clicking in each text box and typing the appropriate information. Please include the party's:
- First Name
- Last Name
- Mailing Address (Start with Address Line 1, and continue to Address Line 2 and Address Line 3, if necessary)
- E-mail (If available)
- Role (debtor, creditor, etc.)
- Party Text (If necessary)
2. Corporate/Parent Affiliate: If the party has a corporate or parent affiliate, click the ‘Corporate/Parent Affiliate’ button. Type in the party’s corporate or parent business name and click ‘Submit.’
3. Click ‘Submit.’ NOTE: A pop up window will appear notifying you of each section that has not been filled in or completed. Click ‘Okay’ to continue.
4. Click ‘Next’ to continue.
STEP 8: Additional next screens may appear at this time. If this occurs, click ‘Next’ to continue.
STEP 9: PDF Upload Screen
1. On this screen, you will be uploading your motion to the CM/ECF database.
- CM/ECF only accepts documents saved as PDFs. For information on converting Word or WordPerfect files to PDF, visit Technical Tips.
- CM/ECF can support up to 5 MB per file.
2. Click ‘Browse’ to open the browse pop-up window.
3. Find your motion in the browsing pop-up window.
4. Click on the motion to select it.
5. Click ‘Open’ to select the motion.
6. You must attach your proposed order to your motion. Click the ‘Yes’ radio button located directly below the ‘Browse’ button to indicate you are attaching a document.
7. Click ‘Next’ to continue.
STEP 10: Attached Files Upload Screen
1. If you selected ‘Yes’ to attachments, you will now be prompted to upload the proposed order you wish to attach to your motion.
2. Click the ‘Browse’ button to open the browse pop-up window.
3. Find your additional file in the browsing pop-up window.
4. Click on the additional file to select it.
5. Click ‘Open’ to upload the additional file.
6.You must now select a Category and/or type a Description of the additional file. You may complete one field or both fields. HOWEVER, you cannot leave both fields blank.
7. Category: Click the ‘Category’ drop down arrow to reveal the list of options. Select ‘Proposed Order.’
8. Description: Click in the ‘Description’ text box and type a description of the additional file.
9. Click the ‘Add to List’ button once you have completed the Category and/or Description fields. Continue following step 10 until all your documents are attached.
10. Click ‘Next’ to continue.
STEP 11: Filing Fee Information Screen
You will now be able to view your filing fee. Click ‘Next’ to continue.
STEP 12: Enhance Docket Text Screen
You will now have the opportunity to enhance the docket text. To enhance the text, click on the drop down arrow to view the available options. If appropriate, click on an option to select it.
- The DC Bankruptcy Court requires that the docket text include the particular property for which the relief is sought. Click on the text box and type the name of the property. For example, ‘Relief from Stay regarding 222 Constitution Ave NW,’ or ‘Relief from Stay regarding 2005 Toyota Camry.’
- Click 'Next' to continue.
STEP 13: The final docket text will appear. Verify that it is correct and click 'Next' to continue.
STEP 14: Notice of Electronic Filing Screen & Filing Fee Payment Screen
1. At this time, two screens will appear: The confirmation screen and the Filing Fee Payment Screen.
2. The confirmation screen will be displayed in the background. This is the confirmation that your document has been filed. Print out for your records if you desire.
3. The Filing Fee Payment Screen will be displayed as a pop-up window in the foreground. NOTE: If you do not see a pop-up payment window at this time, please disable your pop-up blocker.
4. To pay your filing fees now: click the ‘Pay Amount Due Now’ button on the pop-up window. Go to Step 16.
5. If you have additional filings to complete, click ‘Continue Filing’ and pay your filing fee at a later time.
- After you have filed your complaint, you can pay your filing fees by clicking the ‘Utilities’ link at the top of the CM/ECF menu bar.
- Then click on ‘Internet Payments Due’ and follow steps 16 – 18.
- NOTE: You have 24 hours from the time of filing to pay all filing fees. If payment has not been received after 24 hours, you will be locked out of filing until the sum is paid.
STEP 15: Payment Screen Continued
1. A summary of current charges appears, displaying the date incurred, description, and amount of each filing fee.
2. Check the box for the fees you wish to pay at this time.
3. Click ‘Next’ to continue.
4. Click ‘Pay Now’ to continue.
STEP 16: Enter Payment Information Screen
1. You will now be prompted to enter your payment information. Payment can be completed by web check, debit card, or credit card. NOTE: For web check and debit card payments, you may need your account routing number.
2. The cardholder name, address, and zip code will be retrieved from your CM/ECF account and copied into the appropriate fields. These fields are mandatory. If they are not correct, please visit the User Maintenance section of CM/ECF Introduction and Basics to learn how to modify and update your CM/ECF account information.
3. Click ‘Continue With Plastic Card Payment’ or 'Continue With ACH Payment' as appropriate.
STEP 17: Payment Summary and Authorization Screen
1. For an email confirmation and receipt, click in the email text box and type the email address where you wish to send a confirmation of payment.
2. Check the ‘Authorizing Payment’ checkbox located directly above the ‘Submit Payment’ button. NOTE: You will not be able to submit your payment until you have checked the box authorizing the payment.
3. Click ‘Submit Payment’ to complete the transaction.
4. When the transaction is complete, you will have the opportunity to print a receipt of the transaction.
NOTE: A motion for relief from stay MUST have a notice of opportunity to object and a notice of hearing filed as SEPARATE entries. Please see those sections of the manual for instruction on how to properly file them.