Stay Relief Motions for Personal Injury Creditors

When a debtor files for bankruptcy, all litigation—including personal injury cases—automatically stops. This pause applies even when the plaintiff seeks recovery only from insurance, not from the debtor personally. In these situations, personal injury creditors must obtain relief from the automatic stay to continue or file their state-court actions.

At Bankruptcy Attorney Co., we regularly represent personal injury plaintiffs and trial counsel seeking stay relief for the limited purpose of pursuing insurance coverage. With more than 16 years of focused bankruptcy experience across Delaware, New Jersey, Pennsylvania, and Florida, we understand how to move these motions efficiently and effectively.

Why Personal Injury Creditors Need Stay Relief

Personal injury plaintiffs typically seek stay relief to:

• file or resume a personal injury lawsuit in state court;
• liquidate damages through trial, arbitration, or settlement; and pursue liability insurance coverage.
• Bankruptcy courts frequently grant stay relief when recovery is limited solely to available insurance proceeds, as doing so does not diminish the bankruptcy estate.

How We Assist Personal Injury Plaintiffs and Trial Counsel

• We provide streamlined, strategic representation for:
• Filing stay relief motions emphasizing insurance-only recovery;
• Negotiating consent orders with debtors, trustees, and insurers;
• Coordinating with Personal Injury counsel on next steps after stay relief is granted;
• Handling contested motions when objections arise; and
• Advising on proofs of claim

Our goal is to clear the bankruptcy obstacle so the underlying state-court case can move forward promptly.

Why Clients Choose Bankruptcy Attorney Co.

• Significant experience obtaining stay relief for personal injury claimants
• Efficient motion practice that minimizes delay
• Collaborative approach with state-court trial counsel
• Clear, practical guidance on what can proceed once relief is granted

Need Stay Relief to Move Your Personal Injury Case Forward?

If you represent a personal injury plaintiff—or are a plaintiff needing to pursue insurance coverage—our firm can help you obtain the necessary stay relief quickly and effectively.