Motion to Lift the Automatic Stay Under Section 362(d)(1) for Lack of Adequate Protection

Summary

This motion to lift the automatic stay under Section 362(d)(1) for lack of adequate protection template is used for filing in a bankruptcy proceeding. This template includes practical guidance, drafting notes, and optional clauses. The automatic stay under Section 362 of the Bankruptcy Code is extremely broad and prevents creditors from taking almost any action outside the bankruptcy court's supervision. A party in interest can seek relief from this automatic stay by filing a motion under Section 362(d). Section 362(d)(1)–(4) is disjunctive, which means a court must grant stay relief if the party in interest prevails under any of the subsections. Under subsection (d)(1), relief from the automatic stay is granted cause, including a lack of adequate protection. For additional automatic stay content, see Automatic Stay Resource Kit. For additional resources for attorneys representing a party in a Chapter 13 bankruptcy case, see Individual Chapter 13 Bankruptcy Resource Kit. For a complete listing of key content when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For content for government attorneys who practice in bankruptcy, see Government Attorneys Bankruptcy Resource Kit. For information on the automatic stay and automatic stay relief, see: • Automatic Stay • Relief from the Automatic Stay for Cause, including Adequate Protection • Automatic Stay Relief for Lack of Equity in Property That Is Unnecessary for an Effective Reorganization • Automatic Stay Relief under Sections 362(d)(3) and (4)