Motion: Relief from Automatic Stay Under 11 U.S.C. Section 362(d)(2) for Lack of Equity in Property or Property Unnecessary for Effective Reorganization

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About this template
This legal template likely pertains to a specific type of motion related to bankruptcy law. The motion seeks relief from the automatic stay provision under Section 362(d)(2) of the United States Bankruptcy Code.

In bankruptcy proceedings, an automatic stay is put into place once a bankruptcy case is filed, halting most collection actions against the debtor and their property. However, there are circumstances where a party may request the court to grant relief from this automatic stay.

The template specifically focuses on seeking such relief based on two grounds: lack of equity in the property or property that is unnecessary for an effective reorganization.

The lack of equity refers to a situation where the value of the assets securing a debt is insufficient to cover the outstanding debt. In such cases, a creditor or party with an interest in the property may argue that allowing the bankruptcy proceedings to continue would be futile or unnecessary, as there will be no value for the creditors to benefit from.

On the other hand, property unnecessary for effective reorganization refers to assets that are deemed not essential or integral to the debtor's attempts to reorganize their finances and emerge from bankruptcy successfully. Parties seeking relief may argue that it would be more beneficial to liquidate or dispose of such property rather than burden the bankruptcy estate with it.

This template likely serves as a starting point for individuals, creditors, or interested parties who wish to file a motion with the bankruptcy court seeking relief from the automatic stay under these specified circumstances. It would typically contain standard sections detailing the legal basis for the motion, supporting facts and arguments, and a request for the court to grant the requested relief.
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