Local Rule RULE 4001-1: AUTOMATIC STAY

RULE 4001-1. AUTOMATIC STAY A.Relief from the Automatic Stay of 11 U.S.C. § 362(a). A motion for relief from the automatic stay of 11 U.S.C. § 362(a) shall be clearly designated as such in the title of the pleading. Failure to do so may be deemed by the Court to be a waiver of the benefits of an expedited hearing and automatic termination of the stay upon the conditions stated in 11 U.S.C. § 362(e).

B.Motions Seeking Relief in Addition to Relief from the Automatic Stay of 11 U.S.C. § 362(a) and Abandonment of Property.

1.Where a motion for relief from the automatic stay of 11 U.S.C. § 362(a) and abandonment of property includes a request for additional relief other than abandonment of property or adequate protection, such request shall constitute a waiver of the right to an expedited hearing and automatic termination of the stay upon the conditions stated in 11 U.S.C. § 362(e) of the code.

2.If a motion for relief is combined with a request for abandonment, the motion shall be served on all creditors pursuant to Bankruptcy Rule 6007 unless an order limiting notice is entered by the Court.

3.If movant seeks a waiver of the 14-day stay under Bankruptcy Rule 4001(a)(3), such request must be clearly designated in the title of the pleading and must explain why such waiver should be granted.

4.A motion for relief may be combined with a request for abandonment under 11 U.S.C. § 554 or alternatively request adequate protection under 11 U.S.C. § 361.

C.Notice of Motions Under Bankruptcy Rule 4001. A motion filed under 11 U.S.C. §§ 362, 363(e), or 364 shall be served upon the debtor, debtor's counsel, counsel for any official committee (or if no committee in a Chapter 11 case, upon the list of 20 largest unsecured creditors), trustee, the United States Trustee, any parties affected by the motion or having an interest in the property affected by the motion, and all parties in interest who have requested notice in the case.

D.Relief from the Codebtor Stay. A motion for relief from the codebtor stay provided by 11 U.S.C. §§ 1201(a) or 1301(a) shall be designated as "Motion for Relief from Codebtor Stay." Failure to do so may be deemed a waiver of the benefit of automatic termination of the stay upon the conditions stated in 11 U.S.C. §§ 1201(d) or 1301(d). The motion shall be served upon the debtor, the debtor's counsel, trustee, any individual that is liable on the debt with the debtor (i.e., a codebtor), and all parties in interest who have requested notice in the case. The moving party shall also file a Notice, Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing.

E.Discovery. Responses to discovery requests regarding motions for relief from the automatic stay, are due in 14 days from service of written requests. Depositions may be taken after the expiration of seven (7) days after service of the motion for relief from the automatic stay.

F.Applicability of Local Rule 9013-1, 9014-1. Local Rules 9013-1 and 9014-1 apply to motions for relief from the automatic stay.

G.Confirmation that Automatic Stay is Terminated. A request for an order under 11U.S.C. § 362(j), confirming that the automatic stay has been terminated, may be made by application. An application pursuant to 11 U.S.C. § 362(j) shall provide the following information, as appropriate in the circumstances for each prior case: (1) if the prior filing was in this Court, the complete case caption, date of filing and date of dismissal; and/or (2) if the prior filing was in any other Court, then, in addition to the requirements of (1), the movant shall also file relevant copies of all Court records reflecting the information provided in subsection (1) shall be considered ex parte.

H.Continuation of the Automatic Stay. A motion for continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) should be filed with the petition in order to comply with completing a hearing thirty (30) days from filing the petition. The debtor shall serve such motion on all creditors, the United States Trustee, the trustee, counsel for any official committee (or if no committee in a Chapter 11 case, upon the list of 20 largest unsecured creditors), and all holders of liens on and interests in any property to be affected by the stay. Failure to comply with this rule may result in denial of the motion without further notice or a hearing. If the Motion to Extend the Automatic Stay is unopposed, the Court may grant the motion under certain circumstances without the necessity of a hearing. In order to do so, there must be proper notice and opportunity to object provided to all creditors. In addition, in order to grant the motion without a hearing, the Court must find that counsel has properly pled all the elements under § 362(c)(3) including rebutting by clear and convincing evidence the presumption that the case was not filed in good faith 11 U.S.C. § 362(c)(3). The debtor shall serve Local Form 20G, Notice of Motion to Extend Stay, Notice of Deadline to File Objection to Motion and Notice of Hearing.

I.Consent Motions for Relief from the Automatic Stay. A consent motion for relief from the automatic stay shall be styled as a "consent motion." Pursuant to Local Rule 9013-1, a consent motion for relief from the automatic stay need not be set for hearing and may be ruled upon without hearing. The Clerk of Court is authorized to waive the filing fee for a motion for relief from the automatic stay when the motion and proposed order are filed with the written consent and signature of the trustee and all respondents. Consent may be shown by separate certificate of consent or certificate of no opposition signed by the responding party but such consent or no opposition shall be filed as part of the consent motion. All consent motions for relief from stay shall be filed using the proper consent motion event in the CM/ECF system to avoid automatic assessment of the filing fee. Consent motions for relief to proceed with a domestic action do not require the signature of the non-debtor spouse.