Home > Judges > Practice Pointers > Practice Pointer re: Motions for Relief from Stay - Fees and Settings

Motions for relief from stay require a $150.00 filing fee. No fee is required for motions for relief from the co-debtor stay or motions to approve an agreement under Rule 4001(d).* If a child support creditor or its representative is the movant, and if such movant files an Appearance of Child Support Creditor form, no fee is required.

If an agreed order signed by both counsel for movant and counsel for debtor is submitted as an attachment to an agreed motion, no filing fee is required. In Abilene, Amarillo, Lubbock, and San Angelo Division - If an agreed order signed by both counsel for movant, counsel for debtor, and case trustee is submitted as an attachment to an agreed motion, no filing fee is required.

If in the title of the motion or certificate of conference the movant indicates the motion is agreed or unopposed, the filing fee will be charged unless a signed agreed or unopposed order is attached.

In Dallas, Fort Worth, Abilene, Amarillo, Lubbock, and San Angelo, all motions for relief from stay and all motions for relief from co-debtor stay will be set for a preliminary hearing unless an agreed order signed by counsel for movant, counsel for debtor, and the trustee is submitted at the time of filing.

*Motions to approve an agreement under Rule 4001(d) should include either the terms of the agreement or the proposed order.