Local Rule Rule 4001-1: Relief From Automatic Stay; Use of Cash Collateral; Obtaining Credit; Agreements; Rental Cure Deposits.

Rule 4001-1. Relief From Automatic Stay; Use of Cash Collateral; Obtaining Credit; Agreements; Rental Cure Deposits.

(a) Motion for Relief From Debtor or Codebtor Stay.

(1) General. A motion for relief from a debtor stay must not be combined with any other motion or alternative relief request, except for relief from a codebtor stay.

(2) Motion Content, Notice of Motion, Response, and Order Thereon. A motion, and any response or order thereon, must be filed under LBF 720.50, which includes the court's mandatory stay-relief procedures and applies to cases in all chapters.

(3) Sanctions for Improper Notice of Hearing. The court may refuse to consider a timely response to a motion for relief from stay filed in a chapter 7 or 13 case, or may impose other sanctions, if the response is not filed under LBF 720.50.

(b) Motion for Authority to Use Cash Collateral, or for Authority to Obtain Credit. A motion must be filed under LBF 541.5.

(c) Debtor's Consent to Relief From Stay re Property to be Surrendered. Checking the "Surrender the property" box on a debtor's chapter 7 statement of intention form (OF 108) as to any property constitutes the debtor's consent to relief from the automatic stay with regard to that property. Relief from stay will be effective at the earliest of the following: (1) the granting of relief from stay, (2) physical surrender of the property by the debtor, or (3) expiration of the time deadlines in § 521.

(d) Rent Deposit by Debtor for Cure Under § 362(l)(1).

(1) Petition Filing Method. Notwithstanding LBR 5005-4, a debtor's petition accompanied by a deposit of rent under § 362(l)(1) must be filed by mail or delivery. The deposit must be submitted under (2). However, documents that are not required to be filed with the petition (for example, schedules or statements) must be filed by ECF if the filer is an ECF Participant.

(2) Deposit Requirements. The deposit must:

(A) Be submitted only in the form of a cashier's check or money order made payable to the landlord.

(B) Not be deposited or otherwise negotiated by the clerk.

(C) Be sent, promptly after receipt, by the clerk using first-class mail to the landlord identified in the petition at the address in the petition, with the transmittal recorded on the docket.

(e) Motion to Extend or Impose Stay Under § 362(c) or § 362(n).

(1) General. A motion under § 362(c) or § 362(n) must be filed under LBF 721.3.

(2) Timing re § 362(c)(3). A motion to extend the stay under § 362(c)(3) must be filed no later than seven days after the order for relief.

(f) Chapter 7 Trustee's Motion for Continuation of Stay re Personal Property. A motion under either § 362(h)(2) or § 521(a)(6) must: (1) clearly identify in the title the Code section relied on for the motion, either § 362(h)(2) or § 521(a)(6), and (2) include the name and service address for any affected creditor.

Cross-references: • Motion Practice—Contested Matters – LBR 9013-1. • Postconfirmation Motions to Buy, Sell, Encumber Interests, Use, Lease, or Dispose of Interest in Property – LBR 3015-1(b)(8). • Proposed Order if No Objection Filed Timely – LBR 2002-1(h). • Proposed Order or Judgment – LBR 9021-1(b). • Voluntary Modification of Debt Secured by Debtor's Residence in Chapter 13 Cases – LBR 4008-2.