Local Rule 4001-2: Motions for Relief from the Automatic Stay
Bankr. S.D. Ill. — Civil rule
L.R. 4001-2 – Motions for Relief from the Automatic Stay. A motion for relief from stay must be filed as a separate pleading, except such motion may also include a request for abandonment or adequate protection, as well as a request for relief from the co-debtor stay.
A. Content of Motion for Relief from Stay. A motion for relief from stay shall:
1. name as respondents the debtor, the case Trustee (if one has been appointed) and, to the extent known to the moving party, any other entity that may have a legal or equitable interest in the property which is the subject of the motion;
2. state with particularity the grounds therefore and the relief sought;
3. state the value of the property, if known, and the amount of any known encumbrances thereon; and 4. if the motion is brought "for cause" rather than for "lack of equity," state the specific facts that constitute "cause."
B. Motion for Relief from the Automatic Stay to Foreclose on Collateral.
1. General Provisions. In a case filed under any chapter in which the movant is seeking to foreclose on collateral, the movant shall attach to the motion a separate statement that (1) lists any other entity/party that may have a legal or equitable interest in the property which is the subject of the motion; or (2) states that to the best of the movant's knowledge, information and belief, there are no such other entities/parties. Failure by the movant to include this statement shall result in the motion for relief from stay being stricken as deficient by the Court. In addition, the motion shall recite the specific statutory and factual basis on which relief is sought, including:
a. the basis for the debt;
b. the balance of the indebtedness on the petition date or otherwise;
c. the date and manner of perfection, including book and page number, certificate of title, or UCC-1 recording. Documentation in support of a motion for relief shall be filed in accordance with this Court's Electronic Filing Rules, which can be found on the Court's website at www.ilsb.uscourts.gov; and d. if the motion is brought under Section 362(d)(2) of the Bankruptcy Code, the value of the collateral and the basis for the value.
2. Chapter 13 Cases.
a. In a chapter 13 case in which the movant is seeking to foreclose on collateral, the motion shall also include:
i. the balance due;
ii. a breakdown of the amount due, including:
(1) unpaid principal;
(2) accrued interest from a specific date to a specific date;
(3) late charges from a specific date to a specific date;
(4) attorneys' fees;
(5) advances for taxes, insurance and the like;
(6) any other charges;
(7) specific months for which default is alleged; and
(8) evidence of perfection of the movant's lien or security interest.
b. Concurrent with the filing of the motion, the movant shall provide to the debtor, debtor's counsel, Trustee and the United States Trustee, a copy of the payment history for all post-petition payments to date. Failure to provide the payment history may result in the denial of the motion at the preliminary hearing.
C. Notice of Motion. A notice under this section must be filed as a separate document along with the motion and must be served on all respondents/interested parties. The notice shall comply with the form found on the Court's website at www.ilsb.uscourts.gov.
D. Incomplete Pleadings. Any motion for relief from stay not accompanied by the notice of motion and a certificate of service shall be stricken as deficient by the Court.
E. Opposition to Relief from Stay. Any pleading in opposition to the motion for relief from stay shall:
1. be filed and served on the movant, and on any entity or person known to have a legal or equitable interest in the property, not later than 14 days from the date of filing unless otherwise ordered;
2. identify the interest of the opposing party in the property;
3. state with particularity the grounds for the opposition; and 4. if filed by the debtor, state the value of the property specified in the motion and the amount of equity that would be realized by the debtor after deduction of all encumbrances.
F. Uncontested Motion. Unless an objection to a motion for relief from stay is timely filed, or unless the Court directs otherwise, an order granting the motion shall be entered without a hearing.