Local Rule 4001-1: AUTOMATIC STAY — RELIEF FROM

RULE 4001-1. AUTOMATIC STAY — RELIEF FROM

(a) Contents of Motion. A motion for relief from the automatic stay filed by a secured creditor must state the basis for the relief sought and include a statement of the unpaid balance of the creditor's claim as of the date of filing of the debtor's petition and a description of the collateral in which the creditor asserts a security interest.

(b) Attachments. Documents or pertinent excerpts of the documents which evidence the creation and perfection of a security interest such as the security agreement, UCC-1 financing statement, certificate of title, or deed of trust must be attached to the motion.

(c) Service. Each motion must contain a certificate evidencing service of the motion, actual copies of the attachments or their pertinent excerpts, and the proposed order (along with a Notice of Hearing if hearing is set) on the debtor, debtor's attorney, trustee, and such other parties as may be required under E.D. Tenn. LBR 4001-4.

(d) Service of Joined Motion to Compel Abandonment. If a motion for relief from stay is joined with a motion for order requiring the trustee to abandon property of the estate, the joint motion must also be served on all creditors and parties in interest, except as permitted by E.D. Tenn. LBR 6007-1(b).

(e) Waiver of Automatic Termination Provision. If the movant utilizes the passive notice procedure of E.D. Tenn. LBR 9013-1(h) or does not schedule a hearing on a motion for relief from the automatic stay for a date that is within 30 days after the date the motion was filed, the movant is deemed to have waived the automatic termination provision of 11 U.S.C. § 362(e)(1).