Local Rule 4001-1: AUTOMATIC STAY – RELIEF FROM
Bankr. N.D. W.Va. — General rule
4001-1. AUTOMATIC STAY – RELIEF FROM
(a) Preliminary and Final Hearings
(1) At a preliminary stay relief hearing, parties must be prepared to make their representations and legal arguments. Parties are not required to produce testimony or evidence at the preliminary hearing unless the Court directs otherwise.
(2) The parties shall confer with respect to the issues raised by the motion in advance of any preliminary or final hearing for the purpose of determining whether a consensual order may be entered and/or for the purpose of stipulating relevant facts for the final hearing. Any agreed order resolving a motion for stay relief in a Chapter 7 case must be endorsed by the case trustee unless a no asset report has been filed.
(b) Chapter 13 Trustee's Authorization Following a Grant of Stay Relief Upon entry of an order granting relief from the automatic stay, the Chapter 13 trustee is authorized to cease making further payments to the secured creditor. Any agreed order in that regard shall include language to that effect.
(c) Extension or Imposition of the Stay – 11 U.S.C. § 362(c)(3)
A motion to extend the automatic stay beyond the 30th day of a case under § 362(c)(3)(B), must be filed within 7 days of the petition date.