Local Rule RULE 4001-1: Relief from Automatic Stay

RULE 4001-1 Relief from Automatic Stay Unless otherwise ordered by the presiding judge, the following procedures apply to all motions for relief from the automatic stay:

A. Relief from the automatic stay may be granted without the necessity of a hearing, if the relief requested is unopposed and the movant supplies with its motion:

1. Prima facie proof of the existence of the debt in the form of an affidavit of the creditor attesting to:

a. The amounts owed and itemized as to principal, accrued interest, and other charges;

b. The payment history since the petition date;

c. The rate of interest applied and if adjustable, all applicable rates charged since the date of last payment along with the period during which the rate was in effect;

d. If the movant is not the obligee shown on the document evidencing the obligation, a chain of title from original obligee to movant;

e. A copy of the document evidencing the obligations due as well as the location of the original; and f. The nature of default.

2. A certified copy of the document evidencing the security interest in the property upon which relief from the stay is requested, along with proof of perfection of that interest and any documents evidencing the chain of title from the original obligee to movant.

3. Prima facie proof of the value of the collateral upon which relief from the stay is requested. For purposes of this requirement, an affidavit from a person regularly engaged in the valuation of property of a type similar to that involved may be submitted. The affidavit should recite the qualifications of the affiant as well as the method utilized to value the property in question. Other forms of proof may be considered if appropriate, including reliance on the valuation contained in the debtor's schedules.

4. The motion must contain a short and plain statement of the alleged facts that support grounds for the relief requested. A recitation of the statutory grounds for relief without facts specific to the request is insufficient. This includes, if applicable, any facts to support a claim that sufficient "cause" exists to grant the relief requested.

5. A certificate of service attesting to the delivery of service of the motion and all attachments must also be filed by counsel to the movant.

B. If a motion for relief from stay is scheduled for hearing more than thirty (30) days after its filing, the automatic stay is extended until the hearing date.

C. If relief from stay is granted in a chapter 12 or 13 case, the trustee must discontinue payments under the plan to the secured creditor until a proof of claim for a deficiency or unsecured debt is filed. If a proof of claim for a deficiency is filed, the trustee will make pro rata distributions to the creditor from the date of filing forward. Deficiency claimants will not be entitled to equalizing distributions based on prior payment made to the class.

D. If the debtor and movant reach an agreement on the motion, a joint stipulation evidencing the terms of the agreement must be signed by both parties, filed into the record, and served in compliance with Local Rule 2002-1.

E. Provisions in stipulations that the creditor may file an ex parte motion upon subsequent default expire one (1) year from the date the order approving the stipulation is signed.

See Local Rule 2002-1.