Local Rule LR 8.02 / LR 4001-1: Motion to Modify Automatic Stay

All motions for relief from the automatic stay must be accompanied by a filing fee or an agreed order (See Appendix A).

(a) Chapter 7 cases:

A motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(a), along with a notice in substantially the form set forth in Appendix F, Form No. 4, shall be served by the movant on the debtor, the debtor's attorney, the trustee, and any other party affected by the relief sought. The motion shall state the amount owed on the obligation, the estimated value of the property, if applicable, and shall contain any necessary attachment which shows proof of perfection. if no response to the motion is filed within fifteen (15) days, the Court may grant the motion without hearing if it presents adequate grounds for the relief requested. If an objection is filed, the Clerk will give notice of the date, time, and place of hearing. An objection shall contain specific language regarding what is being objected to.

A motion for relief from the automatic stay on a residence will be set for hearing before the Court, unless the Statement of Intention indicated the home would be surrendered or the moving party alleges cause that merits immediate consideration by the Court and the debtor does not respond or object.

(b) Chapter 13 cases:

A motion for relief from the automatic stay in a Chapter 13 case shall be served on the debtor, debtor's counsel, the Chapter 13 Trustee, and any other affected party. A hearing will be held on the motion, unless an agreed order is submitted which contains the signature of all parties affected by the agreement.

(c) Chapter 11 cases:

A motion for relief from the automatic stay in a Chapter 11 case shall be served by the movant on the trustee and/or debtor, the trustee and/or debtor's attorney, the U.S. Trustee, the chairman and counsel of any creditors' committee, and any other party affected by the relief sought. The motion shall include proof of perfection, a statement of value, and a statement of amount owed on the obligation.

The movant shall also prepare a notice in substantial conformance with Form No. 5, Appendix F, which identifies the collateral, the amount of secured debt, and which leaves a blank for a date, time, and place for the preliminary hearing. (Preliminary hearings will always be set in Chapter 11 cases unless otherwise ordered by the Court.)

The notice shall require movant's counsel and any other party with an objection or response to the motion to appear at the preliminary hearing and be prepared to make their representations and legal argument to the Court. Parties will not be required to produce fact or expert evidence and testimony at the preliminary hearing unless the Court otherwise orders upon the request of a party. Failure of the debtor or debtor's counsel to appear at the preliminary hearing may result in the Court entering an order granting the relief requested without further hearing. The Clerk's office shall mail the notice to all parties listed on the mailing matrix.

The movant will prepare and submit no later than three (3) days after the preliminary hearing an order which reflects appearances at the hearing, whether or not the objections were resolved, and when the final hearing will be held, if one is necessary. This order will be mailed only to parties who appeared at the preliminary hearing.

Cross reference 11 U.S.C. § 362 Bankruptcy Rules 4001(a) and (d); 9014 Appendix A (Fees) Appendix F, Forms No. 4 and 5 Local Rule 9013-1(d)(4) and (d)(5)