Local Rule 4001-4: Relief From the Codebtor Stay.

Rule 4001-4. Relief From the Codebtor Stay. A motion for relief from the codebtor stay shall specifically reference 11 U.S.C. § 1201(c) or § 1301(c) in the title and in the body of the motion, shall specifically name each codebtor, shall include specific facts that demonstrate the movant is entitled to relief from the codebtor stay, and be served with a notice of motion on parties in interest not electronically served, including each codebtor and each codebtor's attorney. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is 14 days after service of the motion and the notice of motion. A motion for relief from the codebtor stay shall not be combined with a request for relief from the automatic stay under 11 U.S.C. § 362(d).

REFERENCES: 11 U.S.C. §§ 1201(c) and 1301(c). Compare Bankr. D.S.D. R. 4001-1 regarding relief from the automatic stay under 11 U.S.C. § 362(d).

Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).