What is required to lift the stay?

What is required to lift the stay?

• A. Relief of Stay must be filed and approved by court
• B. Relief of Stay is automatically granted after 60 days
• C. Relief of Stay requires creditor consent
• D. Relief of Stay requires trustee approval

Answer: (A)

Lifting the stay requires a court order obtained through a formal procedure. When a bankruptcy case is filed, the automatic stay protects the debtor, but it doesn’t end on its own. To remove or modify that protection for a particular creditor or asset, a party must file a motion for relief from stay with the bankruptcy court, and a judge must grant that relief after a hearing or appropriate review. The decision isn’t automatic after a set period, nor does it hinge on creditor consent or trustee approval alone—the authority to lift the stay rests with the court through a specific relief-from-stay order.

Lifting the stay requires a court order obtained through a formal procedure. When a bankruptcy case is filed, the automatic stay protects the debtor, but it doesn’t end on its own. To remove or modify that protection for a particular creditor or asset, a party must file a motion for relief from stay with the bankruptcy court, and a judge must grant that relief after a hearing or appropriate review. The decision isn’t automatic after a set period, nor does it hinge on creditor consent or trustee approval alone—the authority to lift the stay rests with the court through a specific relief-from-stay order.