Letter · Insolvency, Restructuring & Bankruptcy

Letter proposing relief from the automatic stay

A letter to debtor's counsel about a possible motion for relief from the automatic stay. It asks about consent or adequate protection. It does not demand payment or possession.

Kind
Letter. A letter or email you adapt and send.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use before a motion under 11 U.S.C. § 362(d), when the creditor wants a response from counsel. Do not send it to the debtor as a collection letter. Do not repossess, foreclose, or set off on the strength of this letter.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may draft the letter from the collateral description and the lawyer's proposal. The lawyer decides whether a motion is justified and what adequate protection to offer or accept.

AI may

  • Insert the collateral and the case caption from the lawyer's note
  • Leave the adequate-protection paragraph as the option the lawyer selects
  • Flag any sentence that demands payment, possession, or foreclosure

AI must not

  • Must not demand payment or tell anyone to take possession of estate property
  • Must not assert that the stay has already terminated
  • Must not send the letter or file a motion

The lawyer checks

  • The letter goes to counsel for the debtor, and to the trustee if the lawyer so directs
  • No act stayed by section 362(a) is requested in the letter
  • Service of any later motion is checked against Rule 4001(a)(1) and Rule 9014, which was not opened

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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