Local Rule 4001-1: AUTOMATIC STAY- RELIEF FROM
Bankr. S.D. Ala. — General rule
Local Bankruptcy 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. Section 362 or from the Co-Debtor Stay imposed by 11 U.S.C. Section 1301, the preliminary hearing shall be consolidated with the final hearing unless directed otherwise by the Court in the Court's notice of hearing on such Motion. The Movant shall serve the Motion upon the following parties with an appropriate certificate of service: the Debtor, Debtor's Counsel and any Co-Debtor, the Debtor in Possession, the Trustee, 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 or to an affidavit submitted in support of the motion copies of any documents in support of its claim that it has an interest in the debtor's property. Mortgages on real property shall show the recording information. All affidavits or other pleadings shall be served on all adverse parties at least three (3) days prior to the hearing.
(c) 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 a Fact Summary in the same form as Appendix "A" to these Rules. The Summary shall be filed at least 14 days prior to the first hearing date on the Motion. The Summary shall be filed using the Court's Electronic Case Filing ("ECF") System. The Movant's attorney shall ensure that when the Summary is filed, it is filed as a separate event from the Court's ECF system, not as an attachment to the Motion. The summary shall be served on the Debtor's attorney using the Court's ECF system.
(d) Any Order granted under this 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.