Legal Definitions - motion to modify the stay

Definition: A motion to modify the stay is a request made by a party to the bankruptcy court to alter the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property. For example, a creditor may seek permission to foreclose on a lien because their security interest is not adequately protected.

Examples:

• A creditor files a motion to modify the stay to foreclose on a property that the debtor has not been making payments on.
• A landlord files a motion to modify the stay to evict a tenant who has not been paying rent.

These examples illustrate how a party can request to modify the automatic stayin order to take action against the debtor or their property.