Local Rule LBR 9071-1: Stipulations; Affidavits of Noncompliance

LBR 9071-1 Stipulations; Affidavits of Noncompliance

(a) Conditional Terms. A stipulation, judgment or order filed and entered by the court containing conditional terms, including automatic dismissal, conversion or relief from stay, is not itself self executing. The moving party must submit an affidavit by a person with personal knowledge stating that the conditions have not been met along with a proposed order. Said relief may be granted by the court seven (7) days after it is filed and served on all opposing parties.

(b) Time Limited. Absent exceptional circumstances, the court will not approve a stipulation that, in its judgment, affords a creditor the ability to obtain relief from the automatic stay, by affidavit and without a hearing, for the remainder of the case.