Local Rule Rule 4001-4: Additional Procedures to Extend Stay and to Order Stay to Take Effect

Rule 4001-4 Additional Procedures to Extend Stay and to Order Stay to Take Effect

(a) Motion to Extend the Stay. The deadline to file and serve a motion to extend the stay under § 362(c)(3)(B) and to file a certificate of service is seven days after the petition is filed. When such a motion is filed, the court will schedule a hearing with a notice to all parties in interest. If the movant has not received a notice of hearing within seven days after filing the motion, the movant may contact the judge's courtroom deputy clerk to obtain a hearing date within the time limit established by law. Any party in interest may be heard at the hearing. Written objections are permitted but not required.

(b) Motion to Order the Stay to Take Effect. A motion to order the stay to take effect under § 362(c)(4)(B) may be accompanied by an ex parte motion for an expedited hearing. Otherwise, the court will schedule a hearing in due course. In either event, the court will cause a notice of the hearing to be served on all parties in interest. If the movant has not filed a motion for an expedited hearing and has not received a notice of hearing within seven days after filing the motion, the movant may contact the judge's courtroom clerk to obtain a hearing date. Any party in interest may be heard at the hearing. Written objections are permitted but not required.

(c) Objection Under § 362(l)(3)(A). When an objection under § 362(l)(3)(A) is filed, the court will schedule a hearing with notice to all parties in interest. If the objecting party has not received a notice of hearing within three Business Days after filing the objection, the objecting party must contact the judge's courtroom deputy clerk to obtain a hearing date; otherwise, the requirement to hold a hearing within 10 days under § 362(l)(3)(A) is waived.

(d) Objection Under § 362(m)(2)(B). When an objection under § 362(m)(2)(B) is filed, the court will schedule a hearing with notice to all parties in interest. If the debtor has not received a notice of hearing within three Business Days after filing the objection, the debtor must contact the judge's courtroom deputy clerk to obtain a hearing date; otherwise, the debtor's objection is deemed waived and the 15 day period of § 362(m)(1) will continue to run.

(e) Order Regarding the Existence of the Stay. A party seeking relief under either § 362(c)(4)(A)(ii), § 362(j) or § 521(a)(6) must file a motion under Local Rule 9014-1. The motion must be titled, "Motion for an Order Confirming That No Stay Is in Effect," or "Motion for an Order Confirming That the Stay Has Been Terminated." The moving party must serve the debtor and the trustee and file a certificate of service. The motion may be accompanied by an ex parte motion for an expedited hearing.