Drafting motions for relief from automatic stay requires hours of document review, extracting debtor and creditor details, researching 11 U.S.C. § 362(d) standards, and formatting complex court filings. Attorneys spend 4-5 hours per motion gathering facts from bankruptcy schedules, crafting legal arguments, and ensuring compliance with local court rules—time that could be spent on strategy and client counseling.
Drafting a comprehensive motion for relief from automatic stay requires extensive document review, complex legal analysis under multiple statutory provisions, and meticulous attention to procedural requirements. Attorneys typically spend 8-10 hours gathering evidence, calculating arrearages, researching circuit-specific precedent, and formatting court-compliant documents that satisfy Federal Rules of Bankruptcy Procedure 4001 and 9014.
CaseMark analyzes your loan documents, payment records, and bankruptcy filings to instantly generate court-ready stay relief motions with complete factual backgrounds, statutory analysis under both § 362(d)(1) and (d)(2), and supporting declarations. The platform automatically calculates arrearages, establishes equity positions, cites controlling circuit authority, and formats everything to local court rules.
This workflow is applicable across multiple practice areas and use cases
Real estate foreclosure attorneys regularly file motions for relief from automatic stay to proceed with foreclosure actions when property owners file bankruptcy to halt proceedings.
The workflow explicitly targets real estate foreclosure attorneys and includes property-specific documents like deeds of trust, title reports, and property appraisals that are central to real estate litigation.
Commercial lenders and financial institutions use these motions to protect their secured interests and recover collateral when borrowers file bankruptcy, enabling them to enforce loan agreements.
The workflow is designed for secured creditors and requires loan documents like promissory notes, security agreements, and payment histories that are core to loan and financing practice.
Equipment lessors and commercial landlords file stay relief motions to repossess leased property or terminate leases when lessees file bankruptcy and cannot maintain adequate protection payments.
The workflow specifically targets equipment lessors and includes lease agreements as required documents, making it directly applicable to commercial leasing practitioners dealing with bankrupt lessees.
Commercial litigators representing secured creditors use these motions to lift the automatic stay and continue collection actions or enforce security interests against commercial debtors in bankruptcy.
Commercial litigation frequently involves creditor rights enforcement and debt collection, where bankruptcy filings by defendants require stay relief motions to proceed with litigation or asset recovery.
At minimum, you need the loan or lease documents, security agreement or deed of trust, payment history showing the default, and the debtor's bankruptcy petition. CaseMark will analyze these to extract all necessary facts including debt amounts, collateral descriptions, arrearage calculations, and lien priority. Optional documents like appraisals, title reports, and property inspections strengthen your motion by providing evidence of declining value or lack of equity.
CaseMark analyzes your case facts to determine whether to argue under § 362(d)(1) for cause and lack of adequate protection, § 362(d)(2) for lack of equity and property not necessary for reorganization, or both. The platform evaluates factors like equity cushion, collateral value trends, debtor's chapter filing, and reorganization prospects to structure the most persuasive arguments. You receive comprehensive analysis under all applicable standards with supporting authority from your specific circuit.
Yes, CaseMark formats motions according to Federal Rules of Bankruptcy Procedure 4001 and 9014, and incorporates district-specific local rules for formatting, service requirements, and procedural compliance. The platform generates proper court captions, certificate of service, and exhibit organization that meet your jurisdiction's requirements. All citations follow Bluebook format and the motion includes appropriate notice language and hearing date provisions.
CaseMark extracts payment data directly from your uploaded account ledgers and loan documents to calculate principal, interest, late fees, and costs with precision. The platform itemizes each component of the debt, shows the calculation methodology, and presents amounts in the detailed format courts expect. All calculations are included in the supporting declaration with proper foundation, and you can review and adjust any figures before finalizing the motion.
Absolutely. CaseMark handles stay relief motions for all collateral types including real estate, vehicles, equipment, inventory, and other personal property. The platform automatically adapts the legal description requirements, perfection analysis, and valuation evidence based on your collateral type. For real property, it includes full legal descriptions and recording information; for personal property, it incorporates VINs, serial numbers, and UCC filing details as appropriate.