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Rule Change — Stay Relief Motions

Monday, August 4, 2025

In December 2024, the Federal Rules of Bankruptcy Procedure underwent a restyling. As part of the restyling, the former Rule 4001(a)(3) was renumbered to Rule 4001(a)(4). The provision relates to the 14-day stay of any order granting relief from the automatic stay unless the court orders otherwise.

The Court continues to see motions and orders waiving Rule 4001(a)(3) rather than Rule 4001(a)(4). Practitioners are encouraged to update their forms to avoid delays and unintended outcomes in obtaining relief from the automatic stay.