Local Rule LR 4001-2: Motions for Relief from Stay

LR 4001-2 Motions for Relief from Stay

(a) Fourteen-day objection period required. Any party that files a motion for relief from the automatic stay of 11 U.S.C. § 362(a) or the codebtor stay of § 1301(a) must serve notice as required by Local Rule 9014-1(a). The notice must state that any objection must be filed no more than 14 days after service of the notice. Failure to comply with this paragraph is cause to deny the motion.

(b) Motion for relief from stay as to real property in a chapter 13 case. A party moving for relief from stay under 11 U.S.C. § 362(d)(1) or (d)(2) with respect to real property in a chapter 13 case must:

(1) Describe in the motion the basis for the movant's authority to enforce the note.

(2) Except as provided in subparagraph (b)(3), file with the motion one or more separate Declarations that evidence all facts alleged in the motion that are known by the movant, including the following:

(A) A description of the property, including its full street address;

(B) An itemization of the post‐petition arrearage that the movant alleges is due;

(C) A complete payment history from the date the movant alleges the debtor's post-petition account was last current, unless the motion is based on a plan-payment default. The payment history must substantially conform to the form set forth in the Appendix to these Local Rules;

(D) If the motion is based on a default in making plan payments to the chapter 13 trustee, the due date and amount of each missed payment, and the current status of payments to the trustee; and

(E) If relevant to the motion, the movant's estimate of the current market value of the property and whether any equity exists in the property.

(3) If the debtor has stated an intent to surrender the real property in the debtor's chapter 13 plan or other document filed in the case,

(A) the moving party is not required to file a Declaration described by paragraph (b)(2) of this rule, but

(B) the motion must specifically (i) allege that relief from stay as to the property is requested based on the debtor's intent to surrender that property and (ii) identify where in the record the debtor stated an intention to surrender that property.

(c) Objections. An objection filed by the debtor to a motion brought pursuant to subsection (b) of this Local Rule challenging the moving party's allegation of missed payments must attach proof that payments have been made or a Declaration that those payments have been made.

(d) Chapter 13 trustee to discontinue paying secured claim after creditor obtains relief from stay. Unless the court orders otherwise, when a secured creditor is granted relief from the automatic stay to allow it to collect from the collateral that secures its claim, the chapter 13 trustee may stop paying any secured claims of that creditor that are secured by that collateral.