Local Rule 4001-2: Motions to Extend or Impose Automatic Stay

4001-2 Motions to Extend or Impose Automatic Stay

(a) Parties in interest seeking to continue the automatic stay pursuant to 11 U.S.C. § 362(c)(3) or impose the automatic stay pursuant to 11 U.S.C. § 362(c)(4) shall serve the motion, supporting affidavits and the notice of hearing or order setting the motion for hearing:

(1) By facsimile or electronic mail on all mortgage creditors in the debtor's prior bankruptcy case(s) and on counsel for those creditors; and

(2) By United States mail, postage prepaid and properly addressed, on:

(i) all other creditors in the debtor's prior case(s); and

(ii) all other creditors as to which the debtor seeks to continue or impose the automatic stay.

(b) If an expedited hearing is necessary, the mover shall file a motion for expedited hearing at the same time the substantive motion is filed. The motion for expedited hearing shall comply with Local Rule 9013-3(d), except that the mover shall obtain the consent to an expedited hearing from the trustee.

(c) A motion under 11 U.S.C. § 362(c)(3) or (4) shall list:

(1) every prior bankruptcy filing by the debtor, joint debtor, or both;

(2) the court, case number and disposition of all prior cases;

(3) the reason for the dismissal of every prior case;

(4) If any prior case was dismissed with a bar to refiling, the duration of the bar and the date the bar ends.