Local Rule 4001-1: AUTOMATIC STAY - RELIEF FROM
Bankr. D. Guam — General rule
BANKRUPTCY LOCAL RULE 4001-1 AUTOMATIC STAY - RELIEF FROM
(a) Motion. A motion requesting relief from the automatic stay imposed by § 362(a) must state the basis under § 362(d) for the relief being sought. Except for related relief from a co-debtor stay under § 1201(a) or 1301(a), the motion may not include requests for other relief.
(b) Notice.
(1) Form of Notice. The moving party must file and serve a notice of hearing substantially conforming to local form GUB 9073-1 which provides explicit notice of the deadline to file an opposition statement and that the court may grant the relief without a hearing in the absence of a timely filed opposition statement.
(2) Separate Document. The notice must be filed as a separate docket entry.
(c) Service. The moving party must serve, promptly after filing, a copy of the motion and the notice on:
(1) the debtor;
(2) the debtor's attorney;
(3) any trustee appointed in the case;
(4) any committee appointed in the case under § 705 or 1102, or its attorney, or, if no committee of unsecured creditors has been appointed in a chapter 11 case, the creditors included on the list filed pursuant to FRBP 1007(d);
(5) if the motion seeks to enforce a lien, all other parties, known to the moving party, who claim an ownership or security interest in the same collateral;
(6) if the motion concerns a co-debtor stay, the co-debtor; and
(7) if the motion concerns the commencement or continuation of a judicial, administrative, or other action or proceeding, all parties to the action or proceeding.
(d) Opposition Statement and Reply. Deadlines to file and serve an opposition or reply are as follows:
(1) opposition or other responsive statement: 14 days after filing of motion
(2) reply by moving party: 7 days after filing of opposition.
(e) Stipulations. The court will consider granting relief from the automatic or co-debtor stay, without the filing of a motion, upon submission of a stipulation for the relief if signed by the debtor, the party seeking relief, the trustee, and any party in interest, including a co-debtor. In a chapter 11 case where no trustee has been appointed, the stipulation must be signed by the members of the unsecured creditors committee or its attorney. In a chapter 11 case where no trustee or unsecured creditors committee has been appointed, notice of not less than 21 days of the stipulation and an opportunity to object must be given to the holders of the 20 largest unsecured claims.
BKLR 4001-1 Related Local Forms: • Notice of Hearing [GUB 9073-1]