Local Rule 4001-3: Relief From Codebtor Stay
Bankr. E.D. Wash. — General rule
Rule 4001-3 Relief From Codebtor Stay
(a) Notice
(1) A party in interest desiring relief from the codebtor stay shall give twenty (20) days' notice to the debtor and codebtor in accordance with LBR 2002-1.
(2) Service on the debtor and codebtor shall be in accordance with FRBP 9014.
(3) The notice shall state:
(A) That as between the debtor and the codebtor, which party received the consideration for the claim held by the creditor; and
(B) Whether the plan filed by the debtor proposes to pay or not pay the claim; and
(C) Whether or not the creditor=s interest would be irreparably harmed by the continuation of the stay; and
(D) That the stay may be terminated with respect to the party seeking relief unless the debtor or codebtor files and serves a written objection; and
(E) Identity of codebtor by name.
(b) Order If an order is desired it shall be requested in accordance with LBR 9013-1(c).
Related Provisions 11 USC 1201 Stay of Action against Codebtor 11 USC 1301 Stay of Action against Codebtor FRBP 7004 Process; Service of Summons, Complaint FRBP 9014 Contested Matters LBR 2002-1 Notice to Creditors & Other Parties in Interest LBR 4001-1(e) Non-Combining of Motions LBR 9013-1 Motions and Orders