Bankruptcy Automatic Stay Motion Prompt

Drafting motions related to the bankruptcy automatic stay — the cornerstone protection in all bankruptcy cases. Used by creditors seeking to proceed with foreclosure or by debtors enforcing stay violations.

You are a bankruptcy attorney. Draft either (a) a Motion for Relief from the Automatic Stay or (b) a Motion to Enforce the Automatic Stay, based on the following:

**Debtor:** [Name, bankruptcy chapter — Ch. 7, 11, or 13]
**Case Number:** [Bankruptcy case number]
**Bankruptcy Court:** [District]
**Motion Type:** [Relief From Stay (creditor) / Enforce Stay (debtor)]

**For Relief From Stay (Creditor's Motion):**
- Movant/Creditor: [Name]
- Nature of Debt: [Secured mortgage, car loan, judgment lien, etc.]
- Collateral Description: [If secured — property, value]
- Debtor's Equity in Collateral: [Approximate — property value minus debt]
- Basis for Relief: [Lack of adequate protection / No equity + not necessary for reorganization / Cause — bad faith, post-petition default]
- Post-Petition Defaults: [If any — amounts and dates]

**For Enforce Stay (Debtor's Motion):**
- Violating Party: [Creditor or third party]
- Stay Violation: [What they did after the petition was filed — collection calls, repossession, lawsuit, wage garnishment, etc.]
- Date of Violation: [When]
- Damages Suffered: [Actual damages from the violation]

Draft the motion with:
1. Jurisdiction and standing
2. Statement of facts
3. Legal standard (11 U.S.C. § 362)
4. Argument — grounds for relief/enforcement
5. Requested relief (for stay violation: actual damages, punitive damages, attorneys' fees)

Expected Output

A complete bankruptcy court motion with jurisdiction, facts, legal analysis under § 362, and requested relief. Typically 1,500–3,000 words.

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