Local Rule L.R. 4001-3: Motion for Imposition of the Stay.

L.R. 4001-3 - Motion for Imposition of the Stay. In cases where no automatic stay exists upon the filing of the petition under Bankruptcy Code §§ 362(b)(20), (21), (c)(4), or (n), the debtor, Trustee, or any party in interest may file a motion for imposition of the automatic stay under Bankruptcy Code § 362 as to any creditor(s). Such a motion must be verified or accompanied by one or more declarations or affidavits sufficient to meet the movant's burden of proof. The movant must set any non-emergency motion for hearing on the Chapter 13 confirmation date in cases filed under Chapter 13 cases or on an available hearing date in cases filed under another chapter. The movant must serve the motion on and give notice of the hearing to the debtor, Trustee, all affected parties, the trustee or successor trustee of any pending foreclosure proceeding, and any party in possession of the debtor's repossessed collateral. Any movant requesting the imposition of the stay on an emergency basis must comply with L.R. 9013-2. An emergency motion may be considered by the Court after notice and a hearing, and, if granted, the stay will continue until conclusion of the final hearing on imposition of the stay. An emergency motion must (i) identify the circumstances justifying imposition of a stay, and (ii) indicate whether the movant consents to the continued processing of the creditor's action, including statutory notices and publication or continued possession of the collateral pending final hearing. Responses to an emergency motion for the imposition of the automatic stay may be filed until the time of the hearing.