Local Rule 1007-3: STATEMENT OF INTENTION FOR INDIVIDUALS FILING UNDER CHAPTER 7
Bankr. E.D.N.C. — General rule
Rule 1007-3 STATEMENT OF INTENTION FOR INDIVIDUALS FILING UNDER CHAPTER 7
(a) STATEMENT OF INTENTION. A chapter 7 debtor who is required to file a statement of intention pursuant to 11 U.S.C. § 521(a)(2)(A) shall serve a copy of the statement upon the creditor whose claim is secured by the property which is the subject of the statement. The debtor shall file a certificate of service with the clerk of court within seven days of the filing of the statement.
(b) FAILURE TO PERFORM STATEMENT OF INTENTION. If a chapter 7 debtor fails to perform the intention as required by 11 U.S.C. § 521(a)(2)(B), the court may, upon motion of the affected creditor, enter an ex parte order lifting the stay of 11 U.S.C. § 362(a) and order the debtor to turn over the property to the creditor.