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 the requirements for a statement of facts and legal memorandum in cases under chapters 7 and 13.

(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. Such attempts to resolve the dispute must be made in a reasonable time frame prior to, but in any case no less than 72 hours (if debtor is represented by counsel) or 5 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 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. If a debtor claims an exception to the limitation of the automatic stay under 11 U.S.C. ยง 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.