Local Rule 4001-5: AUTOMATIC STAY - EXTENDING OR IMPOSING STAY; CONFIRMING NO STAY IN EFFECT

BANKRUPTCY LOCAL RULE 4001-5 AUTOMATIC STAY - EXTENDING OR IMPOSING STAY; CONFIRMING NO STAY IN EFFECT

(a) Motions to Extend or to Impose Stay.

(1) Motion Required. A party requesting an order to extend the automatic stay under § 362(c)(3)(B), or to impose the stay under § 362(c)(4)(B), must file a motion.

(2) Contents. The motion must state whether relief is sought with respect to all creditors or only specified creditors, who must be identified by name. The motion must set forth facts, supported by declarations as appropriate, showing that the filing of the present case is in good faith as to the creditors to be stayed and describing the circumstances that led to dismissal of any prior case(s) by the debtor.

(3) Notice and Hearing

(A) Motion to Extend Stay. A party seeking to extend the stay under § 362(c)(3)(B) must obtain a hearing date that is not later than 30 days after the date of filing of the petition. A request to shorten time is not required if the motion is filed and served not less than 14 days before the hearing date. The motion must include a notice that any response to the motion must be filed and served on the moving party not less than 7 days before the hearing date. The moving party is not required to file a reply but may do so not less than 3 days before the hearing date.

(B) Motion to Impose Stay. A motion to impose the stay is governed by BKLR 9013-1(e).

(b) Motions to Confirm Termination or Absence of Stay.

(1) Motion Required. Unless the court orders otherwise, a party requesting an order to confirm that the automatic stay has been terminated or is not in effect under § 362(h)(1) or (j) must file a motion.

(2) Contents.

(A) Motions Under 11 U.S.C. § 362(h)(1). A motion to confirm termination of the automatic stay filed under § 362(h)(1) must set forth facts, supported by declarations as appropriate, describing the personal property that is the subject of the motion and the actions taken by the debtor and the moving party with respect to the debtor's statement of intention filed pursuant to § 521(a)(2), and any proposed reaffirmation under § 524(c). A copy of the debtor's statement of intention must be attached as an exhibit to the motion.

(B) Motions Under 11 U.S.C. § 362(j). A motion to confirm the termination or absence of a stay under § 362(j) must set forth facts, supported by declarations as appropriate, regarding the dismissal or closing of any prior cases, the time any discharge was granted or denied, and any other facts pertinent to the motion.

(3) Notice and Hearing. Motions to confirm the termination or absence of a stay are governed by BKLR 9013-1(e).

(c) Service. A motion and notice governed by this rule must be served on the debtor, the debtor's attorney, any creditors or parties in interest affected by the motion, the United States Trustee, and any trustee or committee appointed in the case.