Rule 4001 — Relief from the Automatic Stay; Prohibiting or Condi- tioning the Use, Sale, or Lease of Property; Using Cash Collat- eral; Obtaining Credit; Various Agreements

Fed. R. Bankr. P. 4001

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 4001
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 4001

Text

(a) RELIEF FROM THE AUTOMATIC STAY; PROHIBITING OR CONDI-
TIONINGTHEUSE, SALE, ORLEASEOFPROPERTY.
(1) Motion. A motion under §362(d) for relief from the auto-
matic stay—or a motion under §363(e) to prohibit or condition
the use, sale, or lease of property—must comply with Rule
9014. The motion must be served on:
(A) the following, as applicable:
• a committee elected under §705 or appointed under
§1102;
• the committee’s authorized agent; or
• the creditors included on the list filed under Rule
1007(d) if the case is a Chapter 9 or Chapter 11 case and
no committee of unsecured creditors has been ap-
pointed under §1102; and
(B) any other entity the court designates.
(2) Relief Without Notice. Relief from a stay under §362(a)—or
a request under §363(e) to prohibit or condition the use, sale,
or lease of property—may be granted without prior notice only
if:
(A) specific facts—shown by either an affidavit or a veri-
fied motion—clearly demonstrate that the movant will
suffer immediate and irreparable injury, loss, or damage
before the adverse party or its attorney can be heard in op-
position; and
(B) the movant’s attorney certifies to the court in writ-
ing what efforts, if any, have been made to give notice and
why it should not be required.
(3) Notice of Relief; Motion for Reinstatement or Reconsider-
ation.
(A) Notice of Relief. A party who obtains relief under (2)
and under §362(f) or §363(e) must:

(i) immediately give oral notice both to the debtor
and to the trustee or the debtor in possession; and
(ii) promptly send them a copy of the order granting
relief.
(B) Motion for Reinstatement or Reconsideration. On 2 days’
notice to the party who obtained relief under (2)—or on
shorter notice as the court may order—the adverse party
may move to reinstate the stay or reconsider the order
prohibiting or conditioning the use, sale, or lease of prop-
erty. The court must proceed expeditiously to hear and de-
cide the motion.
(4) Stay of an Order Granting Relief from the Automatic Stay.
Unless the court orders otherwise, an order granting a motion
for relief from the automatic stay under (1) is stayed for 14
days after it is entered.
(b) USINGCASHCOLLATERAL.
(1) Motion; Content; Service.
(A) Motion. A motion for authorization to use cash col-
lateral must comply with Rule 9014 and must be accom-
panied by a proposed form of order.
(B) Content. The motion must consist of—or if the mo-
tion exceeds five pages, begin with—a concise statement of
the relief requested, no longer than five pages. The state-
ment must list or summarize all material provisions (cit-
ing their locations in the relevant documents), including:
• the name of each entity with an interest in the
cash collateral;
• how it will be used;
• the material terms of its use, including duration;
and
• all liens, cash payments, or other adequate protec-
tion that will be provided to each entity with an inter-
est in the cash collateral—or if no such protection is
proposed, an explanation of how each entity’s interest
is adequately protected.
(C) Service. The motion must be served on:
• each entity with an interest in the cash collateral;
• all those who must be served under (a)(1)(A); and
• any other entity the court designates.
(2) Hearings; Notice.
(A) Preliminary and Final Hearings. The court may begin
a final hearing on the motion no earlier than 14 days after
it has been served. If the motion so requests, the court
may conduct a preliminary hearing before that 14-day pe-
riod ends. After a preliminary hearing, the court may au-
thorize using only the cash collateral necessary to avoid
immediate and irreparable harm to the estate pending a
final hearing.
(B) Notice. Notice of a hearing must be given to the par-
ties who must be served with the motion under (1)(C) and
to any other entity the court designates.
(c) OBTAININGCREDIT.
(1) Motion; Content; Service.
(A) Motion. A motion for authorization to obtain credit
must comply with Rule 9014 and must be accompanied by

a copy of the credit agreement and a proposed form of
order.
(B) Content. The motion must consist of—or if the mo-
tion exceeds five pages, begin with—a concise statement of
the relief requested, no longer than five pages. The state-
ment must list or summarize all material provisions of the
credit agreement and form of order (citing their locations
in the relevant documents), including interest rates, matu-
rity dates, default provisions, liens, and borrowing limits
and conditions. If the credit agreement or form of order in-
cludes any of the provisions listed below in (i)–(xi), the
concise statement must also list or summarize each one,
describe its nature and extent, cite its location in the pro-
posed agreement and form of order, and identify any that
would remain effective if interim approval were to be
granted but final relief denied under (2). The provisions
are:
(i) a grant of priority or a lien on property of the es-
tate under §364(c) or (d);
(ii) the providing of adequate protection or priority
for a claim that arose before the case commenced—in-
cluding a lien on property of the estate, or its use, or
of credit obtained under §364 to make cash payments
on the claim;
(iii) a determination of the validity, enforceability,
priority, or amount of a claim that arose before the
case commenced, or of any lien securing the claim;
(iv) a waiver or modification of Code provisions or
applicable rules regarding the automatic stay;
(v) a waiver or modification of an entity’s right to
file a plan, seek to extend the time in which the debtor
has the exclusive right to file a plan, request the use
of cash collateral under §363(c), or request authoriza-
tion to obtain credit under §364;
(vi) the establishment of deadlines for filing a plan of
reorganization, approving a disclosure statement,
holding a hearing on confirmation, or entering a con-
firmation order;
(vii) a waiver or modification of applicable nonbank-
ruptcy law regarding perfecting or enforcing a lien on
property of the estate;
(viii) a release, waiver, or limitation on a claim or
other cause of action belonging to the estate or the
trustee, including any modification of the statute of
limitations or other deadline to commence an action;
(ix) the indemnification of any entity;
(x) a release, waiver, or limitation of any right under
§506(c); or
(xi) the granting of a lien on a claim or cause of ac-
tion arising under §544, 545, 547, 548, 549, 553(b), 723(a),
or 724(a).
(C) Service. The motion must be served on all those who
must be served under (a)(1)(A) and any other entity the
court designates.
(2) Hearings; Notice.

(A) Preliminary and Final Hearings. The court may begin
a final hearing on the motion no earlier than 14 days after
it has been served. If the motion so requests, the court
may conduct a preliminary hearing before that 14-day pe-
riod ends. After a preliminary hearing, the court may au-
thorize obtaining credit only to the extent necessary to
avoid immediate and irreparable harm to the estate pend-
ing a final hearing.
(B) Notice. Notice of a hearing must be given to the par-
ties who must be served with the motion under (1)(C) and
to any other entity the court designates.
(3) Inapplicability in a Chapter 13 Case. This subdivision (c)
does not apply in a Chapter 13 case.
(d) VARIOUS AGREEMENTS: RELIEF FROM THE AUTOMATIC STAY;
PROHIBITING OR CONDITIONING THE USE, SALE, OR LEASE OF PROP-
ERTY; PROVIDING ADEQUATE PROTECTION; USING CASH COLLATERAL;
OROBTAININGCREDIT.
(1) Motion; Content; Service.
(A) Motion. A motion to approve any of the following
must be accompanied by a copy of the agreement and a
proposed form of order:
(i) an agreement to provide adequate protection;
(ii) an agreement to prohibit or condition the use,
sale, or lease of property;
(iii) an agreement to modify or terminate the stay
provided for in §362;
(iv) an agreement to use cash collateral; or
(v) an agreement between the debtor and an entity
that has a lien or interest in property of the estate
under which the entity consents to creating a lien that
is senior or equal to the entity’s lien or interest.
(B) Content. The motion must consist of—or if the mo-
tion exceeds five pages, begin with—a concise statement of
the relief requested, no longer than five pages. The state-
ment must:
(i) list or summarize all the agreement’s material
provisions (citing their locations in the relevant docu-
ments); and
(ii) briefly list or summarize, cite the location of,
and describe the nature and extent of each provision in
the proposed form of order, agreement, or other docu-
ment of the type listed in (c)(1)(B).
(C) Service. The motion must be served on all those who
must be served under (a)(1)(A) and any other entity the
court designates.
(2) Objection. Notice of the motion must be mailed to the
parties on whom service of the motion is required and any
other entity the court designates. The notice must include the
time within which objections may be filed and served on the
debtor in possession or trustee. Unless the court sets a dif-
ferent time, any objections must be filed within 14 days after
the notice is mailed.
(3) Disposition Without a Hearing. If no objection is filed, the
court may enter an order approving or disapproving the agree-
ment without holding a hearing.

(4) Hearing. If an objection is filed or if the court decides
that a hearing is appropriate, the court must hold one after
giving at least 7 days’ notice to:
• the objector;
• the movant;
• the parties who must be served with the motion under
(1)(C); and
• any other entity the court designates.
(5) Agreement to Settle a Motion. The court may decide that a
motion made under (a), (b), or (c) was sufficient to give reason-
able notice of the agreement’s material provisions and an op-
portunity for a hearing. If so, the court may order that the
procedures prescribed in (1)–(4) do not apply and may approve
the agreement without further notice.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 25, 2019, eff. Dec. 1, 2019; Apr. 2, 2024, eff. Dec. 1, 2024.)