Local Rule 4001-1: Stay of 11 U.S.C. § 362 and Codebtor Stay of 11 U.S.C. §§ 1201 and 1301

Rule 4001-1 Stay of 11 U.S.C. § 362 and Codebtor Stay of 11 U.S.C. §§ 1201 and 1301

(a) Motion for Relief from the Automatic Stay.

(1) Motions for relief from the automatic stay under §§ 362(d), 1201(c), or 1301(c) of the Code must: [A] conform substantially to AK LBF 1; [B] not be combined with any other motion or request for relief; [C] attach copies of: (i) all security agreements, financing statements, titles and other perfection documents necessary to prove the validity of the movant's security interest or lien; and (ii) all writings that evidence the underlying debt, including any writing necessary to prove that the movant is the current holder of the debt, or is otherwise entitled to enforce the debt, such as a promissory note; and [D] be accompanied by the requisite filing fee. [E] A movant who has filed a proof of claim which includes the documentation described in section (a)(1)[C] above may satisfy that subsection by reference in the motion to its proof of claim.

(2) All applications or requests for relief under any other provision of § 362 of the Code must be in the form of a motion and: [A] contain in the title the subsection under which relief is sought; [B] not be combined with any other motion or request for relief; and [C] be accompanied by any required filing fee.

(b) Service of the Motion. In addition to the entities identified in Rule 4001, Federal Rules of Bankruptcy Procedure, a motion brought under §§ 362, 1201, or 1301 of the Code must be: (1) transmitted to the United States trustee; (2) served on— [A] in a case under chapter 7, 12 or 13, of the Code, both the trustee and the debtor(s); [B] if the motion seeks relief from stay as to an act against property, to all entities who hold or claim an interest in the subject property; and [C] if known, counsel for each entity served.

(c) Notice.

(1) In cases involving termination of a stay under § 362(d) of the Code, notice of the motion must conform substantially to AK LBF 2, which provides, among other things, that written objections to the motion must be filed and served within fourteen (14) days following the date of service by mail of the notice. [A] On or before the date the motion is filed, notice of the motion involving termination of a stay under § 362(d) of the Code must be served in accordance with AK LBR 4001-1(b), and on all persons who have filed an appearance or request for notice in the bankruptcy case.

(2) In cases involving termination of the codebtor stay under §§ 1201 or 1301 of the Code, notice of the motion must conform substantially to AK LBF 3, which provides, among other things, that written objections to the motion must be filed and served within twenty (20) days after the motion is filed. [A] On or before the date the motion is filed, notice of the motion involving termination of the codebtor stay under §§ 1201 or 1301 of the Code must be served in accordance with AK LBR 4001-1(b), and on: (i) all individuals who are liable on the debt with the debtor; and (ii) all persons who have filed an appearance or request for notice in the bankruptcy case.

(3) The moving party must identify, in the certificate of mailing attached to a motion involving relief from stay under §§ 362(d), 1201 or 1301, each entity served by name, address and classification in accordance with AK LBR 4001-1(c)(1) or (2).

(4) Alternatively, the moving party may serve a motion involving relief from stay under §§ 362(d), 1201 or 1301 on the Matrix, provided such list encompasses the entities specified in AK LBR 4001-1(c)(1) or (2), as applicable.

(d) Uncontested Motion. After expiration of the response periods set forth in AK LBR 4001-1(c)(1) and (2), if no objection or other response to the motion has been filed, the moving party must: (1) file a certificate of no objections conforming to AK LBF 4; and (2) lodge a proposed order granting the relief requested.

(e) Objection to Motion.

(1) An objection to a motion brought under §§ 362(d), 1201, or 1301 of the Code must be filed and served within the time limits set forth in AK LBR 4001-1(c)(1) and (2).

(2) The objection must fairly and completely state the grounds for the objection, including, to the extent relevant: [A] the objecting party's alleged value of the property; [B] the amount that the objecting party contends is owed to the moving party; [C] in arguing the property is necessary to an effective reorganization, a concise statement of the nature of the necessity and when the expected reorganization will become effective; and [D] where equity or an equity cushion is placed at issue, an analysis of all liens and encumbrances on the property, including— (i) the nature and amount of each encumbrance, and (ii) whether the encumbrance is senior or junior to the moving party's encumbrance.

(3) On or before the date the objection is filed, it must be served on: [A] the trustee; [B] the moving party; [C] the debtor (if the objecting party is not the debtor); and [D] counsel for each, if any.

(f) Hearing on Contested Motion Under 11 U.S.C. §§ 362(d), 1201, or 1301.

(1) Calendaring of Hearing on Contested Motion. When an objection to a motion brought under §§ 362(d), 1201, or 1301 of the Code is timely filed and served: [A] within 24 hours of filing an objection, the objecting party must submit a request for hearing on the motion by completing and submitting to the court a Calendar Request (AK LBR 7) in accordance with the court's posted Calendar Request procedures, available at www.akb.uscourts.gov; [B] upon receipt of a properly submitted Calendar Request, the court will schedule a preliminary hearing and advise the objecting party of the hearing date; [C] within 24 hours of the court's communication regarding the preliminary hearing date, the objecting party must provide notice of the hearing date and time, both telephonically and in writing, to: (i) the trustee; (ii) the debtor; and (iii) counsel for each, if any; and [D] the objecting party must file with the court a copy of the written notice of hearing.

(2) Preliminary Hearing. [A] Absent court order, the initial hearing on a contested motion for relief from the automatic stay will be a preliminary hearing only, with a subsequent final evidentiary hearing to be set as necessary. [B] Parties may present live testimony at a preliminary hearing on a motion for relief from stay only with the prior written approval of the court.

(i) A motion to present live testimony at a preliminary hearing must: (I) be filed not less than five (5) days before the hearing, and served on the parties set forth under AK LBR 4001-1(e)(3); (II) set forth— (a) the name and address of the witness[es] to be called; (b) a concise statement of the testimony to be offered; (c) a concise statement of the necessity for the testimony; and (III) be accompanied by a proposed order lodged with the court.

(g) Termination of the Automatic Stay Under 11 U.S.C. § 362(e). Notwithstanding the automatic operation of the provisions of § 362(e) of the Code, unless otherwise ordered by the court, any movant who has filed a motion for relief from the automatic stay must submit to the court a proposed order on the motion, even if that order serves only to memorialize termination of the stay by operation of § 362(e).

(h) Motions under 11 U.S.C. § 362(c).

(1) A motion to continue the automatic stay under § 362(c)(3) or to impose a stay under § 362(c)(4) of the Code must: [A] clearly state— (i) the date, case number, and date of dismissal of all previous bankruptcy filings within the year prior to the filing of the current proceeding; (ii) the reasons for dismissal of each previous case(s); (iii) the date of the filing of the current case; (iv) a statement as to why the present case is being filed in good faith, including all facts offered to rebut any presumption that the filing was made in bad faith; (v) the identity of all creditors to whom the stay is requested to be continued; and (vi) any other facts or circumstances that should be considered by the court; [B] on or before the date the motion is filed, be served on (i) all parties to be affected by the motion; (ii) the trustee; and (iii) counsel for the above, if any; and [C] be transmitted to the United States trustee.

(2) Any objection to the motion must be filed not later than fourteen (14) days after the motion is served. [A] On or before the date the objection is filed, the objection must be served on: (i) the debtor; (ii) the trustee; and (iii) counsel for the above, if any.

(3) When an objection to a motion brought under § 362(c) of the Code is timely filed and served: [A] within 24 hours of filing an objection, submit a request for hearing on the motion by completing and submitting to the court a Calendar Request (AK LBR 7) in accordance with the court's posted Calendar Request procedures, available at www.akb.uscourts.gov; [B] upon receipt of a properly submitted Calendar Request, the court will schedule a preliminary hearing and advise the objecting party of the hearing date; [C] within 24 hours of the court's communication regarding the hearing date, the objecting party must provide notice of the hearing date and time, both telephonically and in writing, to: (i) the debtor; (ii) the trustee; and (iii) counsel for each, if any; and [D] appear at the hearing on the matter and be available to be examined, under oath, by any affected party.

(i) Certificate of Service. All motions and notices to be served under this rule must be accompanied by a separately-filed certificate of service which substantially conforms to AK LBF 12 and demonstrates compliance with the service requirements established hereby.

(j) Procedures Under 11 U.S.C. § 362(l).

(1) Unless otherwise ordered by the court, the Clerk of Court will forward to the lessor the rental deposit made by the debtor as provided in AK LBR 1002-2(a) no later than seven (7) days after the deposit is received by the Clerk.

(2) If the debtor files the second certificate described in § 362(l)(2) of the Code, the deposit may be considered as part of any paid post-petition rent (not pre-petition rent), for purposes of determining whether the monetary default has been cured, or whether the lease is current.

(k) Contested Matters Under Rule 9014. Any objection to a motion filed under this section will be considered a contested matter under Rule 9014, Federal Rules of Bankruptcy Procedure.

(l) Mandatory Discovery Exchange.

(1) Unless the court orders otherwise, not later than seven (7) days after service of any objection or response to a motion or application brought under §§ 362, 1201, or 1301 of the Code, which motion is governed by Rule 9014, Federal Rules of Bankruptcy Procedure, the moving party and each objecting party must, to the extent relevant to the issues fairly raised by the motion and objection or objections thereto, comply with the requirements of Rule 26(a)(1) and (2), Federal Rules of Civil Procedure.

(2) The parties may stipulate, in writing, subject to approval by the court, to shorten or extend the deadlines set forth under Rule 26(a)(1) and (2), Federal Rules of Civil Procedure.

(3) Any party refusing or failing to comply with this subdivision may be subject to such sanctions as the court may deem appropriate under the circumstances, including the assessment of costs and attorney's fees or the exclusion of the evidentiary materials not produced.