Local Rule D.N.J. LBR 4001-1: Relief From the Automatic Stay
Bankr. D.N.J. — General rule
D.N.J. LBR 4001-1. Relief From the Automatic Stay
(a) General requirements.
(1) The movant must file a statement of amount due that includes, as applicable:
(A) unpaid principal;
(B) accrued interest from a specific date to a specific date;
(C) unearned interest;
(D) per diem interest;
(E) late fees from a specific date to a specific date;
(F) attorney's fees;
(G) advances for taxes and insurance;
(H) total post-petition arrearage;
(I) any other fees and charges; and
(J) date of last payment.
The movant must file Local Form Certification Regarding Calculation of Amount Due as the statement if the amount claimed due is secured by a mortgage on real property owned by the debtor.
(2) The movant must file a certification that includes the following exhibits, as applicable:
(A) note;
(B) bond;
(C) mortgage bearing the stamped date of recordation;
(D) security agreement;
(E) financing statement bearing the stamped date of filing;
(F) assignment; and
(G) appraisal.
(3) When the movant alleges that the debtor has failed to make a post-petition mortgage or vehicle payment, the party must file either Local Form Certification of Creditor Regarding Post Petition Payment History (Note and Mortgage) or Local Form Certification of Creditor Regarding Post Petition Payment History (Vehicle Loan/Lease).
(b) Opposition in a chapter 13 case.
(1) To oppose a motion for relief from the automatic stay or a motion to dismiss filed by a Chapter 13 trustee, a Chapter 13 debtor must file and serve on the movant and the Chapter 13 trustee Local Form Chapter 13 Debtor's Certification in Opposition not later than 7 days before the hearing date.
(2) To oppose a Creditor's Certification of Default or Chapter 13 Trustee's Certification of Default, a Chapter 13 debtor must file and serve on the movant and the Chapter 13 trustee Local Form Chapter 13 Debtor's Certification in Opposition not later than 14 days after the filing of the certification of default.
(c) Effect of failure to oppose an adjournment request. A movant's failure to oppose a request for an adjournment of a hearing on a motion for relief from the automatic stay constitutes consent to the adjournment under § 362(e) of the Code.
2025 Comment Nothing in this Rule is intended to override compliance with D.N.J. LBRs 2002-1 and 9013-1. Additional amendments to this Rule are stylistic to conform with the Bankruptcy Rules.
2024 Comment Local Bankruptcy Rule 9021-1 is superseded by new Local Bankruptcy Rule 9019-4.
2015 Comment This Rule eliminates the provision stating that court appearances are not required for unopposed motions relating to the automatic stay because Local Bankruptcy Rule 9013-3(d) provides that the court decides all unopposed matters on the papers.
Local Bankruptcy Rule 9021-1(c) addresses consent orders in lieu of a motion for stay relief in Chapter 11 cases where no committee has been appointed.