Motion to Lift the Automatic Stay
An application to the bankruptcy judge by a creditor for permission to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay. Most typically, a finance company or mortgage company will file this motion against a Chapter 7 debtor to seek repossession of an automobile or proceed with a foreclosure upon the debtor’s home. If there is equity in the collateral and the collateral is insured, the court should deny the motion.