Once a debtor files bankruptcy, creditors generally can’t continue proceedings against them, see 11 U.S.C. § 362(a). There are certain exceptions to this rule, however. In order for a party to continue a legal proceeding against the debtor that has been stayed because of the filing of bankruptcy, the party must first obtain an order from the Bankruptcy Court granting relief from the automatic stay.

In order to obtain relief from the automatic stay to continue collection action against the debtor, the party must file a Motion for Relief from Stay with the Bankruptcy Court along with the applicable filing fee. Click here for the current fee.  This fee is not required if the moving party is a creditor seeking to collect child support, and the moving party has also filed Official Form B-281.  The motion must be served on the debtor, debtor(s) attorney, the case trustee and other creditors and parties in interest. The legal authority for obtaining relief from stay can be found in §362 of the Bankruptcy Code [11 U.S.C. § 362(d)].