To file a motion in bankruptcy court, you prepare a packet of documents that includes the motion itself and a proposed order, file it with the court (usually through the electronic filing system), send complete copies to the trustee and every affected party, and then wait out the objection period. If no one opposes it, the judge can sign your proposed order on the papers. If someone objects, the court sets a hearing.
The mechanics are the same whether you’re asking to remove a lien, sell property, lift the automatic stay, or handle almost any other issue that comes up in a case. What changes is the paperwork inside the packet and the notice period you have to give.
What Goes in the Motion Packet
A motion is not one document. It’s a bundle. Most districts publish mandatory local forms or templates, and you have to follow your district’s formatting rules, but every packet contains the same core pieces.
- The motion. This is the written request itself. Federal rules require it to state the grounds for relief with specificity and describe exactly what you want the court to do. Put your name, case number, and enough factual detail for the judge to see why the relief is justified.1Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9013 – Motions; Form and Service
- A proposed order. Draft this as the final order you want the judge to sign, stating the specific relief being granted. A clean proposed order matters because if no one objects, the judge can sign it without setting a hearing.
- A notice of motion. This tells everyone the motion has been filed and gives them a deadline to object. The deadline comes from the Federal Rules of Bankruptcy Procedure and your district’s local rules.
- A certificate of service. Your sworn statement proving you sent the packet to every required party. It lists each recipient’s name and address, the date, and the method you used.
If your motion turns on specific facts, attach a declaration: a signed statement made under penalty of perjury laying out those facts in your own words. For a motion to avoid a lien, that might mean stating the property’s value, the amount of the lien, the exemption you’re claiming, and how the lien impairs it. Supporting documents like appraisals, loan statements, or title records go in as numbered exhibits.
Redacting Personal Information
Scrub every document before you file. Federal rules limit what personal identifiers can appear in the record. You may include only the last four digits of any Social Security or taxpayer identification number, only the year of birth, only a minor child’s initials, and only the last four digits of financial account numbers.2Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9037 – Protecting Privacy for Filings This applies to paper and electronic filings alike, and to every exhibit and attachment. The responsibility is yours, not the clerk’s.
Filing the Packet With the Court
Electronic filing through the court’s Case Management/Electronic Case Files (CM/ECF) system is the standard route. Attorneys are generally required to use it. If you’re representing yourself, some courts will grant you access to CM/ECF, though this varies by district.3United States Courts. Electronic Filing (CM/ECF) When electronic filing isn’t available, most courts accept paper filings in person at the clerk’s office or by mail.
Some motions carry a filing fee. The federal fee schedule sets a $199 charge for several common motions, including motions to lift the automatic stay, motions to sell property free and clear of liens, and motions to compel abandonment of estate property. Many other motions, including a straightforward motion to avoid a lien, have no fee.
Watch for one trap. If your case has already been closed and you need to reopen it before filing, the reopening fee alone is $245 in Chapter 7, $235 in Chapter 13, and $1,167 in Chapter 11.4United States Courts. Bankruptcy Court Miscellaneous Fee Schedule Courts can waive the reopening fee in certain circumstances, such as when a debtor needs to reopen to address a discharge violation. Confirm any required fee with the clerk before you file so your motion isn’t rejected for a missing payment.
Serving the Motion on the Right Parties
Filing is only half the job. You also have to serve the motion, meaning send a complete copy of the entire packet to every party with a stake in the outcome. At a minimum that’s the bankruptcy trustee, the U.S. Trustee’s office, and any creditor directly affected by the relief you’re requesting. Local rules in your district may require service on additional parties, sometimes on all creditors of record.
Federal rules require that a motion and notice of any hearing be served at least seven days before the hearing date, unless a specific rule sets a different period.5Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9006 – Computing and Extending Time For many common motions, the notice period is longer. Proposals to sell estate property, motions to dismiss, and several other categories require at least 21 days’ notice.6Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 2002 – Notices File your certificate of service on the same day you serve the documents, and make sure it accurately reflects who received copies, when, and how.
What Happens After You File
Once the packet is filed and served, an objection period runs. The length depends on the type of motion and local rules, but 21 days is the standard for most matters governed by Rule 2002.6Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 2002 – Notices During that window, the trustee and any creditor who received the motion can review it and decide whether to oppose.
When No One Objects
If no written opposition arrives before the deadline, many districts use a “negative notice” procedure. No objection, no hearing. The judge reviews the motion on the papers and, if everything checks out, signs the proposed order. You’ll receive the signed order through the court’s filing system. Judges keep discretion to deny a motion even without opposition if the request doesn’t hold up legally, so drafting matters regardless.
When Someone Objects
If a creditor or the trustee files an objection, the court schedules a hearing. You present your arguments and evidence for why the motion should be granted, and the opposing party explains the objection. The judge may rule from the bench or take the matter under advisement and issue a written decision. Come with your declaration, exhibits, and a clear statement of the legal basis for the request. Hearings on straightforward motions are usually brief; contested matters involving property sales or stay relief can be more involved.
Filing an Emergency Motion
Sometimes you can’t wait for the normal objection period to run. If a creditor is about to foreclose, repossess, or take some other action that would cause irreversible harm before the court could rule on a regular motion, you can file an emergency motion asking for expedited consideration. Label the motion as an emergency, include a declaration explaining why immediate relief is needed, and describe what harm will occur if the court waits. Most districts also require a genuine effort to contact the opposing party before filing so they aren’t blindsided. Emergency procedures vary significantly by court, so check the local rules.
If the Judge Denies Your Motion
A denial isn’t necessarily the end. You generally have two options. You can ask the bankruptcy judge to reconsider if you believe there was a clear error or if new evidence has surfaced. Or you can appeal to the district court or a Bankruptcy Appellate Panel. The deadline for filing a notice of appeal is 14 days after the order is entered on the docket, so act fast. An appeal doesn’t automatically pause the effect of the order. If you need the outcome of the denied motion preserved while the appeal is pending, you’ll have to separately request a stay of the order pending appeal.