Local Rule L.R. 4001-6: Relief from the Co-Debtor Stay.

L.R. 4001-6 – Relief from the Co-Debtor Stay A. Service of Motions for Relief from the Co-Debtor Stay. The movant must serve any motion for relief from the co-debtor stay of Bankruptcy Code § 1301(a) and notice of hearing on: the co-debtor, the debtor, the debtor's attorney (if any), the Trustee, and any entity actually known by the movant to have a mortgage on or consensual interest in the collateral. A combined motion that seeks relief from the stay of Bankruptcy Code § 362(a) and the co-debtor stay of § 1301(a) must be served on the parties identified in L.R. 4001-1(A) and in this rule.

B. Hearings on Motions for Relief from the Co-Debtor Stay. Motions for relief from the co-debtor stay must ordinarily be set giving a minimum of twenty-one (21) days' notice. A motion for relief under Bankruptcy Code § 1301(c)(2) may be set giving a minimum of fourteen (14) days' notice but may not be combined with a motion that seeks relief from the stay of Bankruptcy Code § 362(a) unless it provides a minimum of twenty-one (21) days' notice. If the movant sets a motion under § 1301(c)(2) for a hearing on, or requests a continuance of the hearing to, a date that is more than twenty (20) days from the date of the motion, the movant will be deemed to have waived the movant's right to have the co-debtor stay terminated pursuant to Bankruptcy Code § 1301(d).

C. Responses to Motions for Relief from the Co-Debtor Stay. Any response to a motion for relief from the co-debtor stay must be filed no later than seven (7) days before the hearing date set for the motion for relief, except that if the movant gives less than twenty-one (21) days' notice of a motion under Bankruptcy Code § 1301(c)(2), any party in interest may file a response at any time prior to the hearing or may present a response at the hearing.

D. Other Procedures. Except as set forth in this Rule 4001-6, the requirements of L.R. 4001-1 apply to proceedings on a motion for relief from the co-debtor stay.