AUTOMATIC STAY

(a) Motions to Extend or Impose the Automatic Stay. A motion to extend the automatic stay under 11 U.S.C. § 362(c)(3) must be filed and served upon interested parties within seven days of the filing of the petition. A motion to impose the automatic stay under 11 U.S.C. § 362(c)(4) must be filed and served upon interested parties as soon as practicable after the filing of the petition. Motions to extend the automatic stay under 11 U.S.C. § 362(c)(3) and motions to impose the automatic stay under 11 U.S.C. § 362(c)(4) must be filed using the Court’s mandatory form which is available on the Court’s website, www.flmb.uscourts.gov.

(b) Motions to Confirm that No Automatic Stay Is in Effect Under 11 U.S.C. § 362(j). No filing fee is required for motions filed under 11 U.S.C. § 362(j) to confirm that the automatic stay or the codebtor stay is terminated under 11 U.S.C. § 362(c)(3) or did not become effective under 11 U.S.C. § 362(c)(4). The motion must include the date of filing and date of dismissal of the debtor’s prior bankruptcy case(s), and, if the prior bankruptcy case(s) were in another district, copies of court records reflecting this information. (c) Motions for Relief from Stay.

(1) Chapters 7 and 11. Motions for relief from the automatic stay in Chapter 7 and 11 cases must include the following: information necessary to establish a perfected security interest; (A) copies of loan documents, including filing and recording § 362(d)(2)(A), evidence of value; and (B) if the basis for the motion is lack of equity under 11 U.S.C. (C) a statement of indebtedness, including information regarding any default under the loan. (2) Chapters 12 and 13. (A) Generally.

The Court discourages secured creditors whose claims are being paid through the debtor’s Chapter 12 or Chapter 13 plan payments from seeking relief from the automatic stay based upon the debtor’s default in plan payments. In most instances, the Court will rely upon the trustee to monitor payments under the plan and to file a motion to dismiss, if appropriate. (B) Plan Provides for Surrender of Property, Direct Payment to Secured Creditor, or Does Not Provide for Claim. If the debtor’s Chapter 12 or Chapter 13 plan provides for the surrender of collateral to the movant, for the debt to be paid by the debtor directly to the movant rather than through the Chapter 13 trustee’s office, or does not provide for the movant’s claim under the plan, the movant must include a statement to that effect.

If the statement is in the form of an affidavit or declaration by the movant’s attorney, the Court’s negative notice procedures do not apply and an order granting the motion will be entered without a hearing. If the stay has terminated as a result of the treatment of the movant’s claim under the plan and the Court’s administrative order prescribing procedures for Chapter 13 cases, the movant may use this procedure to file a motion to confirm that the automatic stay is not in effect. No filing fee is required for a motion filed under this subsection. (C) Motions for Relief from Codebtor Stay.

Motions for relief from the codebtor stay imposed by 11 U.S.C. §§ 1201(a) or 1301(a) must establish that the debtor’s Chapter 13 plan does not provide for payment in full of the movant’s claim or that the movant’s interest will be irreparably harmed by continuation of the codebtor stay. The moving party may combine a request for relief from the codebtor stay with a request for relief from stay as to the debtor in a single motion. However, if a motion for relief from the codebtor stay is combined with a motion for relief from stay as to the debtor using the negative notice procedures of Local Rule 2002-4, the moving party waives the right to enforce the 20-day deadline contained in 11 U.S.C. §§ 1201(d) or 1301(d) and the stay will remain in effect until the Court’s ruling on the requested relief. (3) Requests for Waiver of the 14-Day Stay Under Fed. R. Bankr. P. 4001(a)(4).

Generally, the Court will grant a request for waiver of the 14-day stay under Fed. R. Bankr. P. 4001(a)(4) if the request is included in a motion for relief from stay as to real property. Absent compelling circumstances, the Court will deny a request for waiver of the 14-day stay with respect to motor vehicles. (4) Standing. Unless the issue of standing is actually litigated and determined by the Court, the Court’s order granting or denying a motion for relief from stay will not make a determination that the movant has standing to seek the relief requested in the motion or any related action pending in another court.

(5) Effect of Conversion on Pending Motion. If a case is converted from one chapter to another while a motion for relief from stay is pending, the Court’s order of conversion will provide for the abatement of the motion until the movant files an amended motion and serves the amended motion upon all appropriate parties, including the trustee appointed in the converted case. No filing fee will be assessed for the amended motion. Effect of Dismissal on Pending Motion.

If a case is dismissed while a motion for relief from stay is pending, the Court’s dismissal order will confirm that the stay is (6) terminated by operation of law upon the effective date of the dismissal order and will deny all pending motions that do not fall within the exceptions below. All pending hearings will be cancelled except for the following, over which the Court will retain jurisdiction: (A) motions for relief from stay that: (i) are scheduled for hearing within 14 days of the date of the (ii) request an order binding upon the debtor in subsequently filed (B) any pending motion or order to show cause for dismissal with (C) motions for sanctions arising from alleged violations of the dismissal order; or cases; prejudice; and automatic stay. (7) Inspection of Property. Upon reasonable notice, the moving party will be entitled to inspect the property that is the subject of a motion for relief from the automatic stay.

The notice must provide for inspection not less than seven days from the date of service of such notice, unless the time is shortened by the Court. (8) Discovery Response Time. For the purpose of this rule, the time for responding to discovery requests under Fed. R. Bankr. P. 7030, 7034, and 7036 is reduced to 21 days, unless otherwise directed by the Court. (9) Expert Witness Testimony.

A party who intends to introduce the testimony of an expert witness at trial must make such witness available for deposition upon reasonable notice. (10) Deemed Waiver of Time Limits Under 11 U.S.C. § 362(e)(1) and (2). A party seeking relief from the automatic stay using the negative notice procedures set forth in Local Rule 2002-4 waives the right to enforce the 30- or 60-day hearing requirements contained in 11 U.S.C. § 362(e), and the 30- or 60-day hearing requirements are extended until the Court’s ruling on the relief requested by such party. (d) Modification of the Automatic Stay for Forbearance Agreements.

This section applies to forbearance agreements only and should not be interpreted by creditors as blanket relief from stay to pursue actions prohibited by 11 U.S.C. § 362(a). To the extent the automatic stay under 11 U.S.C. § 362(a) is in effect with respect to a debtor’s pending case, it is modified to permit creditors to negotiate forbearance agreements regarding the deferral of payments on their claims, including, without limitation, postpetition payments for rent, mortgage, and automobile loans, and Chapter 11, 12, and 13 plan payments on account of prepetition claims, subject to the limitations below. (1) If the debtor is represented by counsel, creditors or their attorneys must communicate with the debtor’s attorney, unless and until the attorney advises the creditor or the creditor’s attorney that they may communicate directly with the debtor. (2) If the debtor is not represented by an attorney, creditors or their attorneys may communicate with the debtor only when the debtor has initiated a request for a forbearance agreement.

(3) If a debtor in a Chapter 11, 12, or 13 case successfully negotiates a forbearance agreement, the agreement must be incorporated, if appropriate, in the debtor’s Chapter 11, 12, or 13 plan. _______________________ Notes of Advisory Committee 2025 Amendment This amendment revises section (a) to state that motions to extend or impose the automatic stay must be filed using the Court’s mandatory form. The amendment also revises section (c)(6) to add that if a case is dismissed while a motion for sanctions arising from alleged violations of the automatic stay is scheduled for hearing, the Court will retain jurisdiction over that issue, and the dismissal order will not deny the motion or cancel the hearing. The amendment also adds new section (d) incorporating provisions of Administrative Order FLMB- 2020-5 Regarding Modification of the Automatic Stay in Connection with Forbearance Agreements. This amendment will supersede and replace the administrative order, and the administrative order will be archived.

Other changes are stylistic. This amendment to the rule is effective August 15, 2025. 2024 Amendment This amendment to section (c)(6) clarifies that, upon dismissal of a case, the Court will retain jurisdiction and hold hearings on motions for relief from stay that (i) are scheduled for hearing within 14 days of the date of the dismissal order or (ii) request an order binding upon the debtor in subsequently filed cases. This amendment to the rule is effective August 15, 2024.

2023 Amendment This amendment revises section (c)(2)(C) to conform with the Court’s current procedures that a request for relief by negative notice also waives the deadlines for relief from the codebtor stay in 11 U.S.C. §§ 1201(d) and 1301(d). This amendment to the rule is effective August 1, 2023. 2022 Amendment This amendment adds new section (c)(10) which deems use of the negative notice procedure under Local Rule 2002-4 in connection with a request for relief from the automatic stay as an acknowledged waiver of the timing requirements for hearings contained in 11 U.S.C. § 362(e). This amendment to the rule is effective July 1, 2022.

2019 Amendment Section (b) is amended to reflect that no filing fee is required for motions to confirm the absence of the automatic stay under 11 U.S.C. § 362(j) or because the debtor’s Chapter 13 plan does not provide for payments to be made through the plan. Section (c)(2)(B) is amended to provide that creditors may file a motion to confirm that there is no stay in effect as a result of a Chapter 13 debtor’s treatment of the creditor’s claim in the debtor’s plan and the Court’s administrative order governing procedures in Chapter 13 cases. (Note: as of the effective date of this amendment, the reference to the Court’s administrative order prescribing procedures for Chapter 13 cases in section (c)(2)(B) is to Administrative Order No. FLMB-2018-2 dated April 23, 2018.) In addition, section (c)(2)(C) is amended to permit a request for relief from the codebtor stay to be combined with a request for relief from stay as to the debtor in a single motion for relief from the automatic stay. This amendment to the rule is effective July 1, 2019.

2017 Amendment This rule is revised to reflect the policy of the judges of the Middle District to grant requests for a waiver of the 14-day stay under Fed. R. Bankr. P. 4001(a)(3) with respect to motions for relief from stay as to real estate, but not for automobiles, absent compelling circumstances. Other changes are stylistic. This amendment to the rule is effective July 1, 2017. This new rule is effective July 1, 2014.

2014 Rule 4003-2 LIEN AVOIDANCE (a) Title and Contents of Motion. The title of the motion shall identify the creditor whose lien is sought to be avoided. The motion shall be verified or be accompanied with an affidavit and shall describe with specificity the nature of the lien, recording information, if applicable, and the property affected with legal description, as appropriate. (b) Motion Directed to a Single Creditor.

A separate motion is required for each creditor whose lien is sought to be avoided. (c) Service. A motion to avoid a lien under 11 U.S.C. § 522(f) shall be served in accordance with Fed. R. Bankr. P. 7004 and 9014. _______________________ Notes of Advisory Committee 2015 Amendment This amendment is stylistic and conforms the rule to current practice. This amendment to the rule is effective July 1, 2015.

2004 Amendment This amendment corrects the Bankruptcy Rules citation to that of the currently used citation. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 2.12. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendment is stylistic. No substantive change is intended.

These amendments to the rule were effective on February 15, 1995. Rule 4004-2 MODIFICATION OF DEADLINE FOR OBJECTIONS TO DISCHARGE If a case is dismissed prior to the expiration of the deadline for objecting to discharge and subsequently reinstated, the deadlines set pursuant to Fed. R. Bankr. P. 4004(a) for filing a complaint or motion objecting to discharge under 11 U.S.C. § 727 and for filing a motion objecting to discharge under 11 U.S.C. § 1328(f) are modified as follows: (a) Cases Dismissed Before § 341 Meeting of Creditors is Held and Subsequently Reinstated. If a case is dismissed before the § 341 meeting of creditors is held and subsequently reinstated, the new deadline for objecting to discharge under 11 U.S.C. § 727 or 11 U.S.C. § 1328(f) shall be 60 days after the rescheduled § 341 meeting of creditors. (b) Cases Dismissed After § 341 Meeting of Creditors is Held and Subsequently Reinstated.

If a case is dismissed after the § 341 meeting of creditors is held and subsequently reinstated, the new deadline for objecting to discharge under 11 U.S.C. § 727 or 11 U.S.C. § 1328(f) shall be 60 days from entry of the order reinstating the case. ______________________ Notes of Advisory Committee 2021 This rule creates a uniform procedure for extending the deadline for filing objections to discharge in reinstated cases. This new rule is effective August 1, 2021. Rule 4007-1 MODIFICATION OF DEADLINE FOR OBJECTING TO DISCHARGEABILITY OF A DEBT If a case is dismissed prior to the expiration of the deadline for objecting to dischargeability and subsequently reinstated, the deadline set pursuant to Fed. R. Bankr. P. 4007(c) for filing a complaint objecting to dischargeability of a debt is modified as follows: (a) Cases Dismissed Before § 341 Meeting of Creditors is Held and Subsequently Reinstated. If a case is dismissed before the § 341 meeting of creditors is held and subsequently reinstated, the new deadline for filing objections to dischargeability shall be 60 days after the rescheduled § 341 meeting of creditors.

(b) Cases Dismissed After § 341 Meeting of Creditors is Held and Subsequently Reinstated. If a case is dismissed after the § 341 meeting of creditors is held and subsequently reinstated, the new deadline for filing objections to dischargeability shall be 60 days from entry of the order reinstating the case. ______________________ Notes of Advisory Committee 2021 This rule creates a uniform procedure for extending the deadline for filing objections to dischargeability in reinstated cases. This new rule is effective August 1, 2021. Rule 4008-1 REAFFIRMATION AGREEMENTS (a) Form of Reaffirmation Agreement.

The Court requires the use of the Official Forms available on the Court’s website, www.flmb.uscourts.gov, and will consider the failure to use the Official Forms on a case-by-case basis. (b) Execution. The Court does not require creditors to sign proposed reaffirmation agreements prior to sending them to debtors. If a debtor receives a reaffirmation agreement that the creditor has not signed, the debtor must return the reaffirmation agreement to the creditor for final signature and filing with the Court.

(c) Debtors Not Represented by Counsel. Reaffirmation agreements by debtors not represented by counsel may be scheduled for hearing. (d) Debtors Represented by Counsel. Reaffirmation agreements by debtors represented by counsel will be scheduled for hearing only if (1) the attorney has not signed the reaffirmation agreement or (2) the attorney indicates on the cover sheet to the reaffirmation agreement that a presumption of undue hardship arises, unless the Court has reviewed the reaffirmation agreement and has determined that no hearing is necessary to address the stated undue hardship.

(e) Extension of Time to Enter into Reaffirmation Agreement. The Court may grant a motion under Fed. R. Bankr. P. 4008(a) for an extension of time to file a reaffirmation agreement and delay entry of the debtor’s discharge up to 60 days, provided that the motion is filed prior to entry of the discharge. The Court may set a hearing on a request for an extension that exceeds 60 days to allow the movant to establish good cause for the length of the request. (f) Reaffirmation Agreements Filed After Entry of Discharge.

The Court may consider a reaffirmation agreement filed after entry of the discharge, if the agreement was made prior to entry of the discharge. (g) Reaffirmation Agreements Filed After Case Is Closed. Motions to reopen closed Chapter 7 cases to file reaffirmation agreements timely reached but not filed prior to the entry of the discharge and closing of the case need not be served upon creditors and will be considered without a hearing. An order granting the motion may be submitted when the motion to reopen is filed.

Absent a showing of good cause, the Court will not waive the case reopening fee. (h) No Presumption of Enforceability. The Court’s approval of a reaffirmation agreement does not constitute a presumption that the terms of the reaffirmation agreement are enforceable against the debtor. (i) Modification of Liens on Homestead After Discharge.

If a debtor initiates a request to refinance or modify debt secured by a lien on homestead property after receiving a discharge, the secured creditor is not required to obtain judicial relief to negotiate and enter into a refinance or modification agreement regardless of whether the debt was reaffirmed prior to discharge. If the debtor enters into an agreement to refinance or to modify an existing debt secured by a lien on homestead property, the debtor may become liable for the entire amount owed under the new (refinanced or modified) loan, notwithstanding the debtor having obtained a discharge of the debt owed under a prior agreement secured by a lien on the same property. Nothing in this rule authorizes unsolicited attempts by any creditor to renegotiate debt that was not reaffirmed prior to discharge, and this rule only applies when a debtor initiates the request to refinance or modify debt secured by a lien on homestead. _____________________________ Notes of Advisory Committee 2025 Amendment This amendment adds new section (i) incorporating provisions of Administrative Order FLMB-2015-9 Granting Relief from Discharge Injunction to Enter into Agreement to Refinance or Modify Debtor Secured by Lien on Homestead. This amendment supersedes and replaces the administrative order, and the administrative order will be archived.

Other changes are stylistic. This amendment to the rule is effective August 15, 2025. 2019 Amendment Section (e) is amended to provide that the Court may grant an extension of time to file a reaffirmation agreement and delay the entry of the debtor’s discharge for up to 60 days. Section (f) is amended to clarify that the Court may consider reaffirmation agreements made before the entry of discharge even if the written agreement is filed after entry of the discharge.

This amendment to the rule is effective July 1, 2019. 2015 This rule incorporates procedures adopted by the Court as set forth in a memorandum to counsel from Chief Judge Jennemann dated October 23, 2014 (available under Emailed Blast Notifications on the Court’s website). This new rule is effective July 1, 2015.

PART V. COURTS AND CLERKS