Local Rule Rule 4001-1: Motion for Relief from the Stay or Stipulation to Approve Agreement for Relief from the Stay

Rule 4001-1 Motion for Relief from the Stay or Stipulation to Approve Agreement for Relief from the Stay

(a) Parties to be Served. A party seeking relief from the stay must file a motion under Local Rule 9014-1, or a stipulation providing for entry of an order approving an agreement regarding relief from the stay. A motion seeking relief from the stay must be served upon the parties required to be served under F.R.Bankr.P. 4001, the debtor, any trustee, any other parties asserting an interest in the property that is the subject of the motion, and on any other party who has requested notice, and file a certificate of service. A stipulation providing for entry of an order approving an agreement regarding relief from the stay must be signed by the debtor, any trustee, and any other parties asserting an interest in the property that is the subject of the agreement.

(b) Contents of the Motion. If applicable, the motion under subpart (a) must identify the property, state the names and purported interests of all parties that are known or discoverable upon a reasonable investigation to claim an interest in the property, state the amount of the outstanding indebtedness, and state the fair market value of the property. The motion must have attached a legible and complete copy of any relevant agreements and documents establishing perfection, including notes, assignments of instruments, mortgages and UCC-1 financing statements. All exhibits must be redacted as necessary to comply with F.R.Bankr.P. 9037. A motion for relief from the stay must be so entitled.

(c) The Preliminary Hearing. Unless the court notifies the parties in or contemporaneously with the notice of the preliminary hearing, the preliminary hearing will not be an evidentiary hearing and the court will determine whether to schedule a final hearing based on the parties' papers and arguments. At the preliminary hearing, the court may decide issues of law or define the factual or legal issues to be determined at the final hearing and may issue appropriate scheduling orders. The parties may request or the court may order that the preliminary hearing be treated as the final hearing.