Local Rule 4001. RELIEF FROM THE AUTOMATIC STAY; USE OF CASH COLLATERAL OR OTHER RELIEF; AND EMERGENCY ORDERS
(B) All motions for relief from the automatic stay and any opposition must have attached as a cover sheet a properly filled out § 362 information sheet, which must be signed by the attorney (or unrepresented individual) filing the motion and the information sheet.
(2) Parties in interest are directed to communicate in good faith regarding resolution of the motion before filing a motion for relief from stay including, as appropriate, communication with any trustee appointed in the case. Such attempts to resolve the dispute must be made in a reasonable time frame prior to, but in any case no less than three (3) business days (if debtor is represented by an attorney) or five (5) business days (if debtor(s) are representing themselves), before the motion is filed. Movant must provide evidence of their attempt to resolve the matter with more than conclusory declarations, which shall be filed with the motion. The court may refuse to entertain a motion or opposition if the parties do not comply with this rule. The court may award, deny, or adjust the fees of an attorney for noncompliance. Compliance with this subsection is not required for motions for relief from stay relating to property identified by the debtor as being surrendered in the schedules, statements, or the proposed plan of reorganization.
(3) When, in accordance with a prior court order, an ex parte order is submitted regarding relief from stay, the order must be accompanied by evidence (which may be in the form of a declaration or affidavit, or citation to papers already filed with the court in that case) establishing each of the following:
(A) The identification of the prior order of the court authorizing the ex parte relief;
(B) The facts and circumstances of default under the prior order;
(C) The method of service of notice of default;
(D) The time period for cure; and
(E) The failure to cure within that time.
(1) The court and its individual judges may provide guidelines for applications seeking to approve the use of cash collateral and/or postpetition financing. The guidelines will be posted on the court’s website.
(B) Conform with the requirements to obtain an order shortening time under LR 9006.
(1) In chapter 7 and chapter 13 cases, the court may approve an agreement or stipulation under Fed. R. Bankr. P. 4001(d) without a hearing if the agreement or stipulation is signed by the debtor, the creditor, and the trustee. The signature of the trustee is not required where the subject of the motion is property that has been claimed as exempt, the objection period under Fed. R. Bankr. P. 4003(b) has expired, and no timely objection has been filed.
(2) As to all other agreements or stipulations under Fed. R. Bankr. P. 4001(d), upon the filing of a declaration attesting that no objections have been timely filed within fourteen (14) days of the filing and service of the agreement or stipulation and notice thereof, the court may enter an order approving the agreement or stipulation. Nothing contained herein precludes the court from sua sponte setting a hearing with regard to such an agreement or stipulation.
(3) Every agreement or stipulation must begin with the concise statement as described in Fed. R. Bankr. P. 4001(d)(1)(B) and include each provision of the type listed in Fed. R. Bankr. P. 4001(c)(1)(B).
(d) Procedures for receiving rent deposits. If a debtor claims an exception to the limitation of the automatic stay under 11 U.S.C. § 362(1), the debtor must (i) submit a certified check or money order payable to the lessor and a certificate of intent to cure default to the clerk of court; and (ii) file a copy of the judgment entitling the creditor to possession of the leased premises with the petition. Upon receipt of the certified check or money order, the certificate of intent to cure default, and a copy of the judgment, the clerk shall transmit the certified check or money order to the lessor by certified mail to the address listed in the petition.
(e) Except as otherwise set forth above, LR 9014 applies to motions contemplated by this subsection.