Local Rule Rule 4001-1: Relief from the Automatic Stay
Bankr. D. Me. — General rule
Rule 4001-1. Relief from the Automatic Stay
(a) Service. In addition to the service requirements of Fed. R. Bankr. P. 4001(a)(1), a motion for relief from the automatic stay shall be served on the debtor, the debtor's attorney, any trustee, the United States trustee, any codebtor, any codebtor's attorney of record, and any foreign representative. A motion for relief from stay necessitated by the imminent threat of irreparable damage, filed under § 362(f) of the Code shall be served on, the debtor, the debtor's counsel, any trustee, the United States trustee, any committee or its authorized agent, and upon any other entities known or believed to claim an interest in property that is the subject of the motion.
(b) Basis for Relief.
(1) Motion to Foreclose an Individual Debtor's Interest in Real Property. A motion requesting relief to foreclose an individual debtor's interest in real property securing an obligation incurred for personal, family, or household purposes shall be filed with a completed Local Form 6—Worksheet in Support of Relief from Stay, signed by an authorized representative of the movant, unless (A) the movant has obtained the debtor's written consent to the relief requested prior to the motion being filed, or (B) the debtor has indicated an intent to surrender the property under § 521(a)(2) of the Code.
(2) Liens, Mortgages, and Security Interests. A motion requesting relief with respect to a mortgage, security interest, or other lien on any interest of the debtor or of the estate in property shall state the basis of the movant's entitlement to relief. At a minimum, the motion shall, to the extent not disclosed in a completed Local Form 6 filed with the motion as otherwise required by this Local Rule, set forth:
(A) the identity and location of the property;
(B) the value of the property;
(C) the extent of any claimed exemption in the property;
(D) the identity and address of the holder of each lien on the property;
(E) the best available information as to the type, priority, current balance, and perfection of each lien on the property;
(F) the amount of prepetition and post-petition arrearages, costs, and interest accruals owing on the movant's claim; and
(G) the payment schedule for the claim.
(3) Other Motions. For all motions for relief from the automatic stay imposed by the Code that are not subject to paragraph (b)(2) of this Local Rule, recitation of the basis for which relief is sought shall be provided in the motion. For motions filed under § 362(f) of the Code, the movant shall set forth the basis for which relief is sought upon which it asserts that irreparable damage may occur absent expedited or emergency treatment.
(c) Stay Pending Hearing. A movant that schedules the first hearing on a request for relief from the stay more than 30 days after the date of the filing of the motion is deemed to have consented to a continuation of the stay, for purposes of § 362(e)(1) of the Code, until the first hearing on the motion.
(d) Consent to Relief. If the debtor, any trustee, any committee, and any codebtor with respect to which relief from a codebtor stay in chapter 12 or 13 cases is sought in the motion have stipulated to the relief as evidenced by signed consents filed with or within that motion, no hearing need be set.