Home Foreclosures: 9.3.7.3 Standing of Moving Party to Seek Stay Relief and Indispensable Parties
In a proceeding for relief from the stay, the failure to serve both the debtor and the trustee should lead to a motion to dismiss for lack of an indispensable party.176 The debtor usually has possession of property and will be a defendant in legal proceedings if the stay is lifted. The trustee is also an indispensable party because the trustee has at least a possible interest in almost every case involving property.