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

LOCAL RULE 4001-1 AUTOMATIC STAY - RELIEF FROM

(a) Motion Requirements.

In a motion for relief from stay, the following must be included if applicable:

(1) the amount of the movant's debt as of the petition date and as of the time of the filing of the motion;

(2) a brief description of the movant's security interest, with copies of documents evidencing the security interest and its perfection attached to the motion;

(3) a general description of the property subject to stay;

(4) a list of all liens encumbering the property that are identified in the debtor's schedules, if any, or otherwise known to the movant;

(5) the basis for relief (e.g., property not necessary for reorganization, debtor has no equity, property is not property of the estate, or specific facts constituting "cause");

(6) a valuation of the property, the basis of the valuation, and the date of the valuation; and

(7) if the basis for relief includes the debtor's failure to make payments that became due after the filing of the bankruptcy case, a reasonably understandable post-petition account history.

(b) Presumptive Waiver of 11 U.S.C. § 362(e)(1).

If a movant seeks application of the provisions of 11 U.S.C. § 362(e)(1), the movant must so state in both the caption and body of its motion. Otherwise, the movant will be deemed to have waived the application of 11 U.S.C. § 362(e)(1), and the stay will remain in effect pending further order of the court, subject to 11 U.S.C. § 362(e)(2).

(c) Proposed Orders.

A proposed order granting relief stemming from a motion for relief from stay must, if applicable:

(1) include a description of the property subject to the stay;

(2) if the modification of the stay is conditional, set forth separately and with specificity each condition upon which relief is to be granted;

(3) state that the creditor has 120 days for personal property or 180 days for real property from entry of the order granting the relief to file a deficiency claim, unless the court, for good cause shown by motion filed before the expiration of such period, extends the same; and

(4) in chapter 7 and chapter 13 cases, state that upon disposition of the subject property, the movant must provide an explanation of any surplus to the trustee, the debtor's attorney, and the debtor within 14 days and send payment of such surplus to the trustee within 60 days, pending further order of the court regarding its distribution.

(d) Cessation of Payment in Chapter 13 Cases.

When an order terminating the automatic stay is entered or a notice of termination of the automatic stay is filed with respect to any property, the trustee is authorized to cease payments upon all claims in the case secured by such property.

(e) Secured Creditor Duties in All Cases.

(1) Payment Coupons or Statements. A secured creditor who is receiving direct payments from a debtor must send to the debtor all payment coupons or statements of account and other correspondence that the creditor provides to its non-debtor borrowers if (A) the debtor has indicated, in the Statement of Intention or chapter 13 plan, the intent to retain the secured creditor's collateral by complying with the terms of the contract, or (B) the debtor so requests.

(2) Access to Account Information. If a secured creditor does not provide the payment coupons or statements of account referred to in subsection (e)(1), then, upon request by the debtor, that secured creditor must provide the debtor with a telephone number or other means to access account information that would normally be provided by the payment coupons or statements of account.

(3) Requests for Account Information. A secured creditor must respond promptly to a trustee's or debtor's reasonable requests for account information.

(f) Modification of Automatic Stay and Discharge Injunction.

The automatic stay and discharge injunction are each modified as follows:

(1) a secured creditor may contact a debtor in writing about the payment of property taxes due and the status of insurance coverage on property used as collateral;

(2) if there are direct payments to a creditor, the creditor may contact the debtor in writing about any payment in default; and

(3) if there are direct payments to a creditor, the creditor may send all payment coupons or statements of account and other correspondence to the debtor that the creditor sends to its non-debtor borrowers as described in subsection (e)(1).

(g) Stay of Eviction, Unlawful Detainer, or Similar Action.

(1) Deposit of Rent. Any deposit of rent made by or on behalf of a debtor under 11 U.S.C. § 362(l)(1) must be in the form of a certified check or money order, made payable to the order of the lessor and delivered to the clerk upon the filing of the petition and the certification under 11 U.S.C. § 362(l)(1) (Official Form 101A).

(2) Transmission to Lessor. Upon receipt of: (A) a certified check or money order made payable to the order of a lessor, and (B) the certification under 11 U.S.C. § 362(l)(1), the clerk will transmit the certified check or money order promptly to the lessor by certified mail to the address listed on the petition.