Simple English definitions for legal terms
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Definition: A motion for relief from stay is a request made by a party to the bankruptcy court to modify the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property. For example, a creditor may seek permission to foreclose on a lien because their security interest is not adequately protected.
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These examples illustrate how a creditor can file a motion for relief from stay to take action against the debtor or their property. The automatic bankruptcy stay is put in place to protect the debtor from collection actions while they are in bankruptcy. However, if a creditor can show that their security interest is not adequately protected, they may be granted relief from the stay to take action against the debtor or their property.