Local Rule 4001-3: AUTOMATIC STAY – CONTINUATION; IMPOSITION; VERIFICATION

RULE 4001-3. AUTOMATIC STAY – CONTINUATION; IMPOSITION; VERIFICATION.

(a) Motion for Continuation of Automatic Stay. A party in interest seeking to continue the automatic stay under § 362(c)(3) must file a motion for that relief using Local Form A-1 within 14 days of the filing of the petition and contact the courtroom deputy to schedule an evidentiary hearing with seven days' notice. See Local Rule 9014-1(b)(2). The movant must serve the motion and notice of hearing on the debtor, the debtor's attorney (if any), the case trustee, the United States Trustee, and all creditors. Any other party in interest who wishes to join or oppose the motion must file a notice of evidentiary hearing using Local Form V no later than three business days before the hearing.

(b) Motion for Imposition of Automatic Stay. A party in interest seeking to impose the automatic stay under § 362(c)(4) must file a motion for that relief using Local Form A-2 as soon as possible after the filing of the petition and contact the courtroom deputy to schedule an evidentiary hearing with seven days' notice. See Local Rule 9014-1(b)(2). The movant must serve the motion and notice of hearing on the debtor, the debtor's attorney (if any), the case trustee, the United States Trustee, and all creditors.) Any other party in interest who wishes to join or oppose the motion must file a notice of evidentiary hearing using Local Form V no later than three business days before the hearing.

(c) Motion for Verification that Automatic Stay Is Not in Effect. A party in interest may file a motion and obtain an order under § 362(c)(4), verifying the automatic stay is not in effect. The movant must serve that motion on the debtor, the debtor's attorney (if any), the case trustee, the United States Trustee, and all creditors, and may notice that motion under the default procedure. See Local Rule 9013-4(b)(5).