Relief from Stay

Upon the commencement of a bankruptcy proceeding, an automatic stay goes into effect, prohibiting actions such as collections, perfecting liens (unless an exception applies), and commencement or continuation of judicial actions. Creditors may continue such actions only if they obtain relief from the stay. The bankruptcy court may grant relief from the automatic stay in certain circumstances which constitute "cause, " including either the lack of adequate protection of a properly perfected lien or with respect to the stay of an act against property of the debtor if (1) the debtor does not have equity in such property and (2) such property is not necessary for an effective reorganization.

Snow Spence Green LLP has prosecuted contested motions for reliefs from the stay in order to enforce our clients' lien rights.

Representative Experience

Below is a demonstrative list where the Firm has obtained relief from the automatic stay:

  • In re Capco Energy, Inc. f/k/a AMCO Petroleum, Inc., et al.; Case No. 08-32282; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division. Obtained lifting of stay to pursue litigation of title issues against the debtor in Oklahoma.

  • In re Nabeel & Amaan Investments, Inc., Debtor; Case No. 11-36392-H5-11; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division. Obtained relief from the stay to pursue state law remedies against the debtor and the debtor’s property.