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JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience:  Represented creditors and individuals in bankruptcy and consumer matters.
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Can I file motion, without a lawyer, to lift the stay on my

Resolved Question:

Can I file motion, without a lawyer, to lift the stay on my tenants whom have filed bankruptcy? Where do I get this form?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JP replied 8 years ago.

Yes, you can file a Motion for Relief from stay without an attorney on your tenants. You should contact the bankruptcy court clerk to see if they have a form promulgated by the Court that must be followed. If they do not, you can simply put together a document entitled "Motion for Relief from Stay" and set forth your reasons for wanting relief from stay (non-payment, violation of lease terms, etc.)


The contact information for the Bankruptcy Court for the Middle District of GA is as follows:


United States Bankruptcy Court

Middle District of Georgia

433 Cherry Street

Macon, Georgia 31201

(478)(NNN) NNN-NNNN/p>

You should contact them to ask whether the Court has a particular form or if you can simply draft your own document and present it to the Court. Now the clerk's office will not provide any legal advice, so you will have to be careful in the way you phrase your questions. Ask if they have forms available online for review, or ask if their are any local rules online, or if your judge requires you to self calendar the hearing on the Motion for Relief. Something along those lines should be sufficient.

But again, you can file the Motion for Relief on your own, just try to make sure that you are following the court's form, if any, so that your Motion is not denied on a technicality. You can also try visiting your local law library. The law librarians have a wealth of information about where to find form motions and pleadings.

I hope you found this information helpful.

Best Regards.

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