The Nuts & Bolts of a Lift Stay Motion

Webinar Overview

Most businesses of any meaningful size in the United States have a line of credit or term loan with a bank or other lender that is secured by a lien on substantially all of the assets of that business.

One of the strongest tools in a secured lender’s toolbox is the ability to ask the bankruptcy court to lift or modify the automatic stay to allow the secured lender to get to its collateral. Needless to say, the debtor will often oppose the lender’s request. This is just one of many aspects of litigation surrounding the automatic stay.

The Bankruptcy Code provides for specific circumstances under which relief from the stay is permitted, and litigation over whether the requisite conditions exist is common. This webinar discusses the scope of the automatic stay and the procedure and grounds for seeking relief.

Learning Objectives:

• Understand the concept and scope of the automatic stay:
  • Explore the purpose and significance of the automatic stay in bankruptcy proceedings
  • Identify the protections it provides to debtors and its impact on creditors
• Learn the strategic importance of a lift stay motion:
  • Examine why secured lenders often request relief from the automatic stay
  • Understand the role of the automatic stay in protecting creditors’ collateral
• Analyze the legal framework for lifting or modifying the automatic stay:
  • Study the specific conditions under the Bankruptcy Code that permit relief from the automatic stay
  • Explore common scenarios in which creditors seek relief and the legal thresholds required
• Explore the debtor’s perspective in opposing a lift stay motion: Understand common debtor objections to lift stay motions and the strategies used to defend against them
• Understand the litigation process surrounding lift stay motions:
  • Review the procedural steps for filing and litigating a lift stay motion
  • Analyze key arguments and evidence presented by both secured creditors and debtors during litigation
• Gain insights into the practical implications of lift stay motions: Evaluate how decisions regarding lift stay motions affect the dynamics of a bankruptcy case and the debtor-creditor relationship

Other Webinars in this Series

• The Nuts & Bolts of a First Day Hearing (Premiered on April 30, 2025)
• The Nuts & Bolts of DIP Financing (Premiered on March 26, 2025)
• The Nuts & Bolts of a Chapter 11 Plan (Premiered on January 29, 2025)