Rule 4001-1

Automatic Stay - Relief From or Absence Of

(a)  Form.  A motion or stipulation for relief from the automatic stay or a motion for an order confirming the termination or absence of a stay must be dual captioned and contain a brief description of the property, and the nature of the relief requested.

(b)  Residential Property Pre-Filing Certification.  Unless the movant is seeking emergency relief under Code § 362(f), a motion seeking relief as to the debtor’s residence must be accompanied by movant’s certification that at least seven (7) days before filing the motion a letter was sent to debtor’s counsel or the debtor, if unrepresented, and the matter was not resolved after sincere efforts.

(c)  Service.

 (1)  Motions; Stipulations.  A motion for stay relief or a stipulation for stay relief in lieu of a motion, the proposed form of order, and the notice required by subsection (d) must be promptly served by movant on:

(A)  The debtor;

(B)  The debtor’s counsel;

(C)  Any case trustee; and

(D)  In a chapter 11 case, the twenty largest unsecured creditors listed by the debtor, or the unsecured creditors’ committee and counsel for any committee appointed under the Code.

 (2)  Additional Notice.  Movant must promptly serve the notice required by subsection (d) on:

(A)  Any other party known to movant to claim an interest in the property that is the subject of the motion or stipulation; and

(B)  Any other person or entity required by law or the Court.

(d)  Notice of Motion or Stipulation.  Contemporaneously with the motion or stipulation, movant will file and serve notice providing the details of the motion or stipulation and that if no objection is filed and served within fourteen (14) days of service, the motion or stipulation may be approved by the Court.

(e)  Movant’s Supporting Documents.  Each motion or stipulation shall be supported by legible copies of:

(1)  All documents that establish a valid, perfected security interest;

(2)  All documents that movant contends establish a lack of adequate protection or equity in the property, including appraisals or summaries, currently in movant’s possession or control that will be relied on at the final hearing; and

(3)  Movant must disclose the date, time and place of any pending foreclosure or trustee sale.

(f)  Entry of Order.  If an objection to the motion or stipulation is not timely filed and served, the movant may file a certificate of service and of no objection and lodge an order granting the relief requested.  The caption must contain a brief description of the property.

(g)  Objection.  An objection to the motion or stipulation for relief must be supported by specific facts and legible copies of all documents that the objecting party contends establish adequate protection or equity in property, including appraisals or summaries, currently in the objector’s possession or control that will be relied on at the final hearing.

(h)  Objection Procedure.

(1)  If an objection is timely filed and served, the movant shall set a preliminary hearing, serve notice on the objector and file a certificate of service.

(2)  Relief may be granted or denied at the preliminary hearing if the parties’ affidavits, declarations and supporting documentation fail to establish the existence of a material issue of fact that requires an evidentiary hearing.

  


Notes 2018:  Rule amended to incorporate former LR 4001-2 concerning motions to confirm termination or absence of automatic stay.  A Stipulated Order Modifying the Automatic Stay does not incur a filing fee.  The timing for entry of a lodged order under subsection (f) must comply with FRBP 9006(f).

 

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