Bakersfield, CA asked in Bankruptcy for California

Q: I live in Eastern Division in CA. Need to file motion for relief from stay. Where can I obtain forms for filing pro per

Am a creditor in a bankruptcy. I want to file a motion to allow the foreclosure to be valid. Where do I find these forms to file in pro per?

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1 Lawyer Answer
Jeffrey Moore
Jeffrey Moore
Answered
  • Bankruptcy Lawyer
  • Campbell, CA
  • Licensed in California

A: You are correct that the procedure you need to follow is a Motion for Relief from Automatic Stay. This is done by custom drafted pleadings on pleading paper.

Most Districts require a local form Relief from Stay Coversheet form, but this is not enough for the Motion; there is no form available for this type of Motion. You may be able to find an exemplar at your local County Law Library.

I would advise you retain counsel for this matter, it is somewhat complicated.

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