Local Rule RULE 4001-1: AUTOMATIC STAY – RELIEF FROM

RULE 4001-1 AUTOMATIC STAY – RELIEF FROM

(a) Upon the filing of a motion for relief from the automatic stay imposed by 11 U.S.C. § 362 or from the co-debtor stay imposed by 11 U.S.C. § 1301, the preliminary hearing shall be consolidated with the final hearing unless directed otherwise by the Court. The movant shall serve the motion upon the following parties with an appropriate certificate of service: the debtor, the debtor's counsel, any co-debtor, any trustee appointed in the case, any committee appointed in the case, the Bankruptcy Administrator (if a Chapter 11, 12, or 9 proceeding), and such other parties as the Court may direct.

(b) All motions for relief from the automatic stay or the co-debtor stay shall state with particularity the grounds for the motion. The moving party shall attach to the motion copies of any documents in support of its claim that it has an interest in a debtor's property. Mortgages on real property shall show the recording information. If the movant does not intend to present testimony at the hearing, the motion must be supported by an affidavit filed as an attachment to the motion as directed in Local Rule 5005-4(j). Any motion for relief from the automatic stay imposed by 11 U.S.C. § 362 that is not supported by an affidavit will be set for an evidentiary hearing to allow parties to present testimony.

(c) In a case filed by an individual (not a business organization), an attorney filing a motion for relief from stay and/or co-debtor stay seeking foreclosure or repossession of a mortgage, security interest, or leasehold interest, shall also file as an attachment to the motion a Fact Summary Sheet using Local Form 7.

(d) Any order granted under this Local Rule shall not operate to waive any right a debtor may have with respect to property under non-bankruptcy law, including the right to notice of sale, notice of disposition of property, or rights of redemption.