Local Rule LBR 4001-3: Motions for Approval of Agreed Relief
Bankr. W.D. Mich. — General rule
LBR 4001-3: Motions for Approval of Agreed Relief
(a) Agreements Subject to this Rule. A party may use the notice and opportunity procedure of LBR 9013(c) to request Court approval of an agreement to: (1) provide adequate protection; (2) modify or terminate the stay under § 362 of the Code; (3) use cash collateral; or (4) create a lien senior or equal to an entity's lien or interest in property of the estate. Any motion under this subsection must be accompanied by a copy of the agreement.
(b) Service of Motion. The moving party must serve the notice, motion, agreement, and proposed order on the following parties:
(1) In a Chapter 7 Case - the parties to the agreement, the Chapter 7 trustee, the United States Trustee, and any entity that claims an interest in the subject property.
(2) In a Chapter 11 Case - the parties to the agreement; any creditors' or equity security holders' committee appointed under § 1102 of the Code and its authorized agent, or if no creditors' committee has been appointed, on the 20 largest creditors holding unsecured claims; the United States Trustee; and any other entity the Court directs.
(3) In a Chapter 12 Case - the parties to the agreement, the Chapter 12 trustee, the United States Trustee, and any entity that claims an interest in the subject property.
(4) In a Chapter 13 Case - the parties to the agreement, the Chapter 13 trustee, the United States Trustee, and any entity that claims an interest in the subject property.
(c) Stipulations. Parties may obtain relief from the automatic stay under § 362 of the Code by stipulation provided:
(1) A stipulation and proposed order is filed and approved in writing by:
(A) In a Chapter 7, 12 or 13 Case - the debtor, the party seeking the relief from stay, the trustee, and every entity that claims an interest in the subject property (including any co-owner).
(B) In a Chapter 11 Case - the debtor-in-possession (or Chapter 11 trustee), every entity that claims an interest in the subject property (including any co-owner), and the authorized representative for every official committee appointed under § 1102 of the Code. In a Chapter 11 case in which an official committee has not been appointed, this subsection does not apply.
(2) The stipulation conspicuously recites that every entity claiming an interest in the subject property (including any co-owner) and whose approval is otherwise required under subsection (c)(1) has signed the stipulation.
(3) Copies of the stipulation filed under subsection (c)(1) and order approving the same shall be served on the United States Trustee.
(4) With respect to a stipulation filed under subsection (c)(1), the Court, by signing the proposed order, is deemed to direct that the procedures prescribed in Fed. R. Bankr. P. 4001(d)(1), (2) and (3) shall not apply and the stipulation may be approved without further notice.