Motion for Relief from Automatic Stay

The automatic stay under 11 U.S.C. 362 stops all collection activity when a bankruptcy is filed. A creditor can seek relief for cause, including lack of adequate protection of the creditor's interest (the property is declining in value and there is no equity). For real property, also argue that the debtor has no equity and the property is not necessary for an effective reorganization. File the motion with a declaration and supporting evidence. The court must hold a hearing within 30 days.