< Previous Rule Local Rules Home Next Rule >

Local Rule 4001. MOTIONS FOR RELIEF FROM THE AUTOMATIC STAY; USE OF CASH COLLATERAL OR OTHER RELIEF; EMERGENCY ORDERS

(a) Motions for relief from automatic stay.

(1) Section 362 information sheet

(A) A form of § 362 cover sheet is available from the clerk’s office or on the court’s website.

(B) All motions for relief from the automatic stay and any oppositions to it must have attached as a cover sheet a properly filled out § 362 information sheet, which must be signed by counsel and/or the moving or opposing party.

(C) Unless the court orders otherwise, a properly completed § 362 information sheet will satisfy

(2) Parties 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), and 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 fees of counsel 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) 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.

(b) Applications for use of cash collateral or postpetition financing.

(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.

(2) Motions for using cash collateral or obtaining credit to be heard on less than twenty-one (21) days’ notice must be accompanied by separately filed affidavits or declarations setting forth the nature and extent of the immediate and irreparable harm that will result if the request is not granted, and must conform with the requirements to obtain an order shortening time under LR 9006.

(c) Agreements.

(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 it is signed by the debtor, the creditor, and the trustee. The signature of the trustee is not required in the case of exempt property.

(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. Upon filing the petition, if a debtor claims an exception to the limitation of the automatic stay under 11 U.S.C. § 362(l), the debtor must submit to the clerk of court a certified check or money order payable to the lessor of any rent that would become due during the thirty (30) day period after the filing of the petition.

(e) Emergency administrative orders.

(1) This subsection applies to applications for emergency administrative orders, which are generally requested by a motion filed on an expedited basis after the commencement of a case.

(2) The court may issue guidelines for emergency administrative orders, which will be available from the clerk’s office or the court’s website.

(3) Notice must be served in a way designed to provide the maximum notice reasonably possible, and except in exigent circumstances, in no case less than two (2) hours before the hearing. Service may be by personal delivery, email, facsimile, or any other method reasonably calculated to give actual notice. Notice must, at a minimum, be served on the parties required to be served under LR 4001, as well as on the office of the United States trustee. All moving papers must be served as soon as possible on any party requesting a copy, in addition to service as required by Fed. R. Bankr. P. 2002 and 4001.

(4) Each motion must be filed, and courtesy copies must be provided to chambers, at least two (2) hours before the hearing, except in exigent circumstances.

(5) One or more affidavits or declarations must be filed that provide an evidentiary basis for the relief requested and that explain why emergency or expedited relief is needed. One omnibus affidavit or declaration may be used.

(f) Except as otherwise set forth above, LR 9014 applies to motions contemplated by this subsection.