Local Rule 4001-1: Automatic Stay — Relief From
Bankr. M.D. Tenn. — General rule
4001-1 Automatic Stay — Relief From
(a) Limitation on Combined Motions. A motion for relief from the 11 U.S.C. § 362(a) stay shall not contain additional requests for relief, except for abandonment and/or adequate protection regarding the same asset. When other requests for relief are impermissibly combined with a motion for relief from the 11 U.S.C. § 362(a) stay, the motion for stay relief (and any related abandonment and/or adequate protection) will be heard. The impermissible requests for relief will only be considered when separately filed.
(b) Procedure. Procedure for prosecuting and responding to a request for relief from the stay is controlled by a Notice of Preliminary Hearing and Prehearing Order issued by the clerk after the filing of the motion.
(c) Codebtor Stay. Any motion for relief from the codebtor stay under 11 U.S.C. § 1301 shall be made by separate motion in compliance with the LBR 9013-1 Motion Practice Procedures.
(d) Continuance of Preliminary or Final Hearing. The agreement of all parties to continue the preliminary or final hearing of a request for relief from the stay excuses the attendance of counsel if a joint motion and agreed order to continue are filed on or before the second business day prior to the preliminary or final hearing. Otherwise, announcement of an agreement to continue may be made by counsel at the first call of the motion docket.
Agreed orders continuing the preliminary hearing of a request for relief from the stay shall specify the date and time of the continued hearing, shall continue the stay in effect and include a certificate of service consistent with LBR 9013-3.
(e) Order Granting Relief from Automatic Stay. In Chapter 7, 12 and 13 cases, orders granting relief from the automatic stay in 11 U.S.C. § 362(a) must comply with the following provisions.
(1) Affected Collateral. The order must describe the real or personal property that is security for the movant's debt.
(2) Form of Order. The forms located on the court's website at https://www.tnmb.uscourts.gov/forms/all-forms/local_bankruptcy_forms shall be used when there is Affected Collateral and:
(A) no opposition to the motion for stay relief was filed;
(B) any filed opposition was withdrawn; or
(C) any opposition was overruled by the court at the Scheduled Hearing.
(3) Abandonment by Trustee. If the motion for stay relief states that the Affected Collateral is burdensome or of inconsequential value to the estate, and the trustee does not oppose stay relief, then the forms located at the court's website at https://www.tnmb.uscourts.gov/forms/all-forms/local_bankruptcy_forms (versions 3 or 4) shall be used. Abandonment is only effective if the trustee approves the order for entry.
(4) FED. R. BANKR. P. 4001(a)(4) Stay. If the motion for stay relief requests that FED.R. BANKR. P. 4001(a)(4) not apply and there is no opposition to that request, then the forms located at the court's website at https://www.tnmb.uscourts.gov/forms/all-forms/local_bankruptcy_forms (versions 2 or 4) shall be used.
(5) Agreed Orders. This LBR 4001-1(e) is not applicable when a motion for stay relief is resolved by agreed order.
(f) Agreed Order Granting Stay Relief and/or Abandonment.
(1) Any agreed order which grants stay relief and/or abandonment when no motion is filed shall prominently display in bold text the following language: "ORDERED, Any objection to this agreed order must be filed within 14 days of the entry of the order."
(2) Pursuant to FED. R. BANKR. P. 4001(d)(5), the agreed order shall be served upon any party who has an interest in collateral or is jointly obligated.
(g) Agreed Order Granting Adequate Protection Payments. Any agreed order which includes provisions for adequate protection payments shall be filed as a Motion for Approval of Agreed Order consistent with FED. R. BANKR. P. 4001(d) and shall be filed pursuant to LBR 9013-1 Motion Practice Procedures with the notice period shortened to 14 days.
(h) Alternative Procedure for Extend Stay Requests in Chapter 13 Cases
(1) In General. The procedures outlined in this rule apply to requests to extend the automatic stay of 11 U.S.C. § 362(a) in cases filed under Chapter 13 of Title 11 where there has been a previous dismissal of a case within the prior year. This local rule modifies the normal emergency procedures under LBR 9075-1. For this Rule to apply, the debtor must be represented by counsel.
(2) Procedure. For the court to extend the automatic stay without the debtor having to appear, the debtor must comply with the following procedures:
(A) The motion to extend the automatic stay must be filed by counsel of record within five business days of the petition date.
(B) The debtor must file a notice and motion using the form located on court's website at https://www.tnmb.uscourts.gov/forms/all-forms/local_bankruptcy_forms.
(C) The debtor's attorney must select a hearing date from the court's availability calendar with an objection deadline that is at least 14 days after the filing and service of the notice and motion.
(D) The deadline for objections must be at least four business days before the hearing date.
(E) The hearing date must occur within 30 days of the filing of the petition.
(F) The notice and motion must include a declaration under penalty of perjury signed by the debtor(s) that all factual statements included in the notice and motion are accurate.
(G) A Chapter 13 plan, all statements and schedules, and a mailing matrix must be filed and served.
(H) The debtor must make the first payment provided under the filed Chapter 13 plan at the time the notice and motion is filed or by the deadline for filing objections.
(3) Service Requirements. The following service rules apply to requests to extend stay under this Rule:
(A) Counsel for the debtor must serve a copy of the Notice and Motion to Extend Stay to the United States Trustee and Chapter 13 trustee via electronic service through the CM/ECF filing system, and to all other creditors on the mailing matrix by first-class United States mail.
(B) Within three business days of the filing of the notice and motion, counsel for the debtor shall file a certificate of service including the service date of the notice and motion with court.
(4) If no objection filed. If no timely objection has been filed to the notice and motion and the procedures outlined in this rule have been satisfied, the form order extending the stay will automatically be entered by court. The form order is available at https://www.tnmb.uscourts.gov/forms/motion-extend-stay-ao-19-3-exhibits.
(5) If objection filed. If a timely objection is filed, counsel for the debtor(s) must be prepared to introduce proof on the scheduled hearing date to satisfy the provisions of 11 U.S.C. § 362(c)(3).