Local Rule RULE 4001-1: AUTOMATIC STAY - RELIEF FROM

RULE 4001-1. AUTOMATIC STAY - RELIEF FROM

(a) A motion to modify the automatic stay under 11 U.S.C. §362(d) regarding movant's interest in property of the estate or of the debtor must identify the property with respect to which relief is sought. The Court will not enter an order (including an agreed order) modifying the automatic stay or a codebtor stay unless a proof of claim with documentation establishing the perfected security interest or other interest of the movant in the property has been filed in the case.

(b) A motion to modify the automatic stay may be combined with a motion for abandonment of property of the estate under 11 U.S.C. §554, but service of a combined motion must be made in accordance with FRBP 6007(b)(1). In addition, any agreed order tendered to resolve a combined motion must be served in accordance with FRBP 6007(b)(1) and must provide notice and opportunity to object.

(c) A motion to modify the automatic stay for the purpose of pursuing a cause of action against the debtor must set out in detail relevant information concerning the action.

(d) If the deadline for objection in a combined motion to modify the automatic stay and for the abandonment of property of the estate expires prior to the Meeting of Creditors, as originally noticed or as continued, then both the motion and the order tendered to the Court must contain the following language:

The trustee will have 14 days from the conclusion of the Meeting of Creditors to object to abandonment of the property of the estate that is the subject of the motion. If no objection or motion for extension of time is filed prior to the expiration of this 14 day period, then the property will be deemed abandoned on the 15th day following the conclusion of the Meeting of Creditors, subject to FRBP 9006(a)(1).

(e) Except in cases in which a trustee is appointed or otherwise proceeding under 11 U.S.C. §1183, an agreed order modifying the stay will not be entered unless the trustee is a signatory.

(f) In a chapter 13 case,

(i) If the stay is modified as to a claim secured by personal property which claim is being paid by the trustee under the chapter 13 plan, the creditor shall have 90 days from the entry of the order or notice of default terminating the stay, unless extended by agreement with the trustee or by order of the Court, within which to file an amended claim for the remaining unpaid balance. Until the amended claim is filed, the trustee has no obligation to make any payments on that claim.

(ii) If the stay is modified as to a claim secured by real property, then the time period within which to file an amended claim for the remaining unpaid balance shall be 210 days from the entry of the order or notice of default terminating the stay, unless extended by agreement with the trustee or by order of the Court. Until the amended claim is filed, the trustee has no obligation to make any payments on that claim.

(iii) The trustee will continue to make adequate protection payments, as funds permit, to the extent that such payments represent accrued but unpaid adequate protection payments due until the date of the entry of the order terminating the stay.

(g) In a chapter 7, chapter 12, or chapter 13 case, a motion to modify the automatic stay must be served on the debtor, counsel for the debtor, and the trustee.

(h) In a chapter 11 case, a motion to modify the automatic stay must be served on the debtor in possession and counsel for the debtor in possession. If a trustee has been appointed, service must be made on the debtor, counsel for the debtor, the trustee, and counsel for the trustee. In addition, if a committee has been appointed and has employed counsel, service must be made on counsel employed by a committee. In a chapter 11 case in which a committee has not been appointed or has not retained counsel, service must be made upon the creditors on the list filed pursuant to FRBP 1007(d) and the U.S. Trustee.

(i) A motion to modify a codebtor stay pursuant to 11 U.S.C. §1201 or §1301 must be served on the codebtor, the debtor, counsel for the debtor, and the trustee.

(j) FRBP 9014 mandates that relief from the automatic stay be requested by motion. The motion shall be styled in the same manner as the bankruptcy case and not as an adversary proceeding. A request for relief from the automatic stay appearing in a pleading filed in an adversary proceeding, unless also requested by separate motion filed in the related bankruptcy case, will be deemed as consent for the stay to remain in effect until final disposition of the adversary proceeding.