Local Rule LR 9013-3: Motions to Continue or Impose the Automatic Stay Under 11 U.S.C. § 362(c)(3) or (4)

LR 9013-3 Motions to Continue or Impose the Automatic Stay Under 11 U.S.C. § 362(c)(3) or (4)

(a) Movant must obtain a hearing date before filing the motion. A party moving to continue or impose the 11 U.S.C. § 362(a) stay under § 362(c)(3) or (4) must obtain a hearing date before filing the motion.

(b) Notice of the hearing and objection period. Unless the court for cause orders otherwise, a party moving to continue the stay under § 362(c)(3) or impose the stay under § 362(c)(4) must provide all creditors, the trustee, and the United States trustee with notice consistent with Local Rule 9014-1. The notice must provide 14 days to object to the motion and state the date on which the court will hear the motion if a party timely objects.

(c) Evidentiary support. A party moving to continue the stay under § 362(c)(3) or impose the stay under § 362(c)(4) must file and serve a Declaration or other evidentiary support for the motion simultaneously with the filing of the motion.

(d) Filing motions under § 362(c)(3) and (4).

(1) A party must file any motion under § 362(c)(3) in sufficient time for the court to hear the motion before the 30th day following the date on which the party filed the bankruptcy petition and must serve the notice of hearing at least 17 days before the hearing date.

(2) A party must file a motion under § 362(c)(4) within 30 days of filing the bankruptcy petition and must serve the notice of hearing at least 17 days before the hearing date.

(e) Hearing the motion.

(1) The court may hold a hearing on a timely filed and served § 362(c)(3) or (4) motion if:

• A party timely objects to the motion, • The movant fails to file and serve one or more Declarations in support of the motion, or • The court concludes that testimony or other evidence of the debtor's good faith is necessary or desirable.

(2) Unless the court orders otherwise, evidence may be presented at the hearing; the debtor, debtor's counsel, counsel for any objecting party (or the objecting party if an individual is proceeding without counsel), and all witnesses must appear in person at the hearing.

(3) The trustee may appear remotely at any hearing on a motion to continue or impose the stay, if the trustee has no objection to the motion. If the trustee appears remotely, the trustee may not question any witnesses, introduce any evidence, or make any arguments in support of or in opposition to the motion.

(f) Filing proposed order. If no party timely objects to a motion properly filed and served under this Local Rule, the movant must file a proposed order. If the movant does not file a proposed order promptly after the objection period ends, the court may hold the scheduled hearing.